BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence imposed by the learned Session Judge, Sirsa on the accused-applicants in Sessions Case No. 20 of 1988 for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (for short the N.D.P.S. Act).

(2.) THE case of the prosecution is that on 3.9.1987 Inspector Ram Kishan of C.I.A. Staff, Sirsa was present at the Takhatmal Barrier and he received a secret information at about 6.15 A.M. that a truck carrying chura post (poppy husk) was coming on Mammerkhera minor and if a Nakabandi was held, the poppy husk could be recovered. Accordingly, he alongwith the police officials and one Jit Singh, member of the Panchayat held a Nakabandi in the village of Krangawali and they saw a truck bearing No. DEL 2847 from the side of village Krangawali on the embankment of the minor. Then the Inspector stopped the truck. The truck was driven by Balbir Singh, accused No. 3 (who is appellant No. 1 herein) and Nirmal accused No. 4 (who is appellant No. 2 herein) alongwith one Gursewak Singh, accused No. 5 were sitting on the bags in the truck and the accused were asked to get down from the truck and the bags in the truck were covered with a tarpaulin. Then the Inspector got the bags in the truck unloaded which were found 85 in number. Out of 85 bags in the truck, 84 of them contained poppy husk weighing 40 Kgs. each. He took the sample of 250 Gms from each bag. The samples and the bags were separately sealed. The Inspector also recovered two licences, a route permit and a sum of Rs. 5500/- on further search of the truck. The Inspector offered the accused whether they wanted to be searched in the presence of a Gazetted Officer, but the accused desired to be searched by the Inspector. On the basis of the ruqa, and FIR was registered and the investigation was taken up. After completion of the investigation, the charge-sheet was filed against all the accused five in number.

(3.) IN order to prove the guilt of the accused, the prosecution examined three witnesses. After closure of the evidence for the prosecution, the accused were examined under Section 313 Cr.P.C. In their statements, the accused stated that the case was foisted against them. Though Balbir Singh and Nirmal offered to adduce evidence, but they did not examine any witness.