TARSEM SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment dated 3.5.1997 and order dated 5.5.1997, passed by the Court of the Additional Sessions Judge, Bhiwani, who convicted the present appellants Tarsem Singh and Makhan Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced them to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, the appellants were further directed to undergo RI for one year.

(2.) The story of the prosecution can be described as follows :-

(3.) ASI Reghunath Singh, the then SHO, Police Station, Loharu, while being accompanied by HC Bhim Singh, Constables Ashok Kumar, Mahender Singh and Rajender Singh, was in a Government Jeep bearing registration No. HR 16 0381 and it was being driven by Constable Dharambir. The police party was doing the work of excise and patrol checking on the instructions of DSP and was present at Singhani 'T' Point near Baralu Bani. ASI Balbir Singh along with Constable Murari Lal was also associated in the said police party which hid itself behind the Jaal tree. Constable Dharambir, the driver of the Jeep, was asked to bring the jeep on the road on getting the signal from the ASI Balbir Singh AST, was also hiding himself. At about 11.30 a.m., one Maruti Car of white colour came from the side of Baralu which was asked to stop by ASI Raghunath Singh. As instructed Constable Dharambir also brought the jeep on the road. Balbir Singh ASI also appeared on the spot. The Maruti Car bore registration No. DNB 3006. It was inspected and one person was found sitting besides the driver and his name was Tarsem, accused. The name of the other accused, who was driving the car, was Makhan Singh. Six bags were found lying on the rear seat of the car which was sewed with a Sutali. Suspecting that those bags contained some narcotic, the notice under Section 50 of the Act was served upon the appellant. Through notice, Ex. PD, the appellants were called upon to say whether they wanted to give the search of the bags in the presence of some Magistrate or of a Gazetted Officer. The appellants vide reply, Ex. PE, stated that they wanted to give the search in the presence of a Gazetted Officer as a result of which Raj Gopal, DSP, along with his staff, came there in his Gypsy bearing registration No. HR 16 0651. The said six gunny bags were untied and choora post was found. The IO separated 100 grams of poppy husk from each of the bags and made a sealed parcel thereof. Each bag was weighed and the weight of the each bag came to 39 kgs. 900 grams. In this manner, six samples were drawn from each of the bag. The case property was taken into possession along with the Maruti Car vide recovery memo, Ex. PC, and the seal after used was handed over to ASI Balbir Singh. Accused could not produce any licence or permit for the possession of poppy husk. Resultantly, ruqa, Ex. PF, was sent to the police station for the registration on the basis of which formal FIR, Ex. PF/I, was recorded. The I.O. also prepared the rough site plan of the place of recovery. Ater comply with the other provisions of law, he recorded the statements of the witness. On the completion of the investigation of the case, the appellants were challaned in the Court of the Illaqa Magistrate under Section 15 of the Act, who supplied the copies of the documents to the accused and vide commitment order dated 9.6.1995, committed the accused to the Court of Sessions to face trial.