JAGAT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Since both these appeals arise out of a common judgment of conviction and sentence passed by the learned Special Judge, they were taken up together for consideration and are being disposed of by a single judgment.

(2.) The case of the prosecution in brief is that on 7/7/2015 SI Ankush Dogra alongwith HC Naresh Kumar No. 86, HC Harjit Singh No. 89, HHC Jagtar Singh No. 270, HHC Mukhwant Singh No. 422, C- Vikram Singh No. 249 and HHC Rajinder No. 328, left from Police Post Tahliwal for 'Nakkabandi' at Tahliwal Road vide Rapat No. 18. The nakka was laid at place Nangal Kalan near Rubber Tyre Factory on Tahliwal-Bathri road. At about 9:55 pm, a motor cycle came from Bathri side. The motorcyclist was asked by the police to stop for checking documents etc. He disclosed his name as Jagbir Rana, resident of village Palkwah, Tehsil Haroli, District Una, H.P. When the documents of motorcylce were being checked, one Maruti Swift Car of white colour bearing registration No. HP-24D-1666 came and behind this car a truck bearing registration No. HR-63-4638 was coming from Bathri side. Both these vehicles i.e. Car and Truck were stopped for the purpose of checking documents. The Swift car was being driven by appellant Jagat Singh. He disclosed that he was also the owner of the aforesaid truck and also disclosed that after unloading the goods they were going back to home at Majari, District Bilaspur, H.P.

(3.) The further case of the prosecution is that the truck was checked by the police party and during checking of the body of the truck, they found some empty sacks (Boru) out of which one sack was having something in it. On opening the plastic sack, it was found to contain popply husk/chura post. Since the planks on the floor of the body of truck were fixed with nut bolts, these were got removed by using socket wrench and upon removing the planks, it was noticed that in the empty space there is huge quantity of poppy husk that had been kept in plastic bags. These were taken out and counted and these were found to be 197 bags/packets.