RAM GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Cri. Misc. No. 26923-M of 2003 and Cri. Misc. No, 42464-M of 2003 as both the accused-petitioners have been accused in case PIR No. 240 dated 11-7-1999 registered under Sections 18/27-A/29 of the N.D.P.S. Act (for brevity the Act) and Sections 420/ 467/468/471/120-B, I.P.C. atP. S. Ambala City. It is appropriate to mention that Ram Gopal accused-petitioner had earlier filed Cri. Misc. No. 42731-M of 2002, which was dismissed on 8-10-2002 by this Court beside other petition.

(2.) The allegations in the FIR are that on 11-7-1999, huge stock of opium was being brought in a jeep bearing registration No. RJ-19-IC-878(?) and information to this effect was received. The FIR was registered and a raiding party was constituted for proceeding to the houses of Kalu and Vicky. On seeing the raiding party, two accused succeeded in escaping and the jeep was left behind. They also left behind their bags while fleeing. On search of the bags, opium weighing 41 kg. 250 gms. was recovered. The search of the jeep led to the recovery of driving licence of one Gajinder Singh and the registration certificate, which showed the name of Nand Kishore accused-petitioner. Ram Gopal produced Gajinder Singh and Nand Kishore before the police on 22-1-2000 and also brought a medical certificate of Gajinder Singh to prove that on the alleged date of occurrence, Gajinder Singh was hospitalised and a report was lodged complaining that the jeep was stolen. On the basis of the aforementioned two documents, a report was filed as untraced. A cancellation report was also submitted. However, some information was received from Rajasthan, which resulted into further investigation and it was found that the two documents submitted by Ram Gopal accused-petitioner were fake/ bogus and thereafter Sections 420/467/ 468/471/120-B, I.P.C. were added. Further investigation was conducted and the accused-petitioner was arrested on 14-8-2003.

(3.) The allegations against Baljeet Singh the other accused-petitioner are that he has been involved in the whole conspiracy in commission of offences. It is also alleged that he has been harbouring the accused, who are named in the FIR. It has further been alleged that he has committed offences under Sections 27-A and 29 of the Act beside offences under Section 120-B, I.P.C.