DULA RAM Vs. STATE

JUDGEMENT

(1.) By this common judgment, we are disposing of two appeals, particulars whereof are given in the title hereof,' because the judgment assailed in both the appeals is the same, i.e. judgment dated 27th May, 2009 of learned Additional Sessions Judge, Sirmour at Nahan. Appellants, in both the cases, have been convicted of offence, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly being in possession of 414 kgs of poppy straw. They have been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- each; in default of payment of fine to undergo imprisonment for a further period of one year.

(2.) We may notice the prosecution version. On 30th October, 2007, around 8.50 p.m., when PW-17 Narveer Singh, SHO Police Station Paonta Sahib, was present at a place called Bhungrani Chowk, he received secret information from a special informer that appellant Dula Ram had kept huge quantity of poppy straw in the house of appellant Angrejo Devi, in village Nihalgarh and that both of them indulged in illicit trade of poppy straw and that in case search was conducted, immediately, huge quantity of poppy straw could be recovered. A number of police officials, including HC Rattan Singh (PW-4), HC Pratap Singh (PW-3), Constable Dhanveer Singh (PW-5) and Constable Deepak Kumar (PW-8) were accompanying PW-17 Inspector Narveer Singh, at that time.

(3.) Information received by PW-17 Inspector Narveer Singh was reduced into writing and sent to Dy. S.P. PW-11 Shubhra Tiwari, through PW-5 Constable Dhanveer Singh. On receipt of the aforesaid information (Ex. PW-5/A), PW-11 Dy. SP Shubhra Tiwari authorized, in writing (Ex. PW-11/A), said PW-17 Inspector Narveer Singh to conduct search of the house of appellant Angrejo Devi. The said authorization (Ex. PW-11/A) was carried to PW-17 Inspector Narveer Singh by the same Constable, namely PW-5 Dhanveer Singh, who had carried the written information Ex.PW- 5/A to the aforesaid Dy. S.P. PW-17 Inspector Narveer Singh then proceeded to village Nihalgarh. On the way, PW-1 Harpal Singh and PW-2 Gulsher Mohammed were associated as independent witnesses.