RANJODH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No.355 DB of 2003 filed by Ranjodh Singh and Criminal Appeal No.352 DB of 2003 filed by Kulwant Singh.

(2.) Ranjodh Singh of Saniyana, District Fatehabad, alongwith Kulwant Singh of Nakodar, District Jalandhar, and Jarnail Singh alias Jaila of Bahamanwala, District Fatehabad, were tried by learned Additional Sessions Judge, Fatehabad. The learned trial Judge vide judgment dated March 31, 2003 found Ranjodh Singh and Kulwant Singh guilty of having been in possession of 12 bags of poppy husk each containing 40 Kgs which were being transported in truck HYB 3265. Both the accused were sentenced to rigorous imprisonment for 11 years and also to ordered to pay fine of Rs.1.00 lac under Section 15 of the Narcotic Drugs and Psychotropic Substances Act. Jarnail Singh was acquitted on the basis of benefit of doubt. Ranjodh Singh and Kulwant Singh have challenged their conviction and sentence through these appeals.

(3.) The brief facts of the case are that on June 15, 2000 SI Dharam Singh (PW-8) of CIA Staff Fatehabad was on crime checking duty in Rattangarh on the RattiaBudhlada road. ASI Raghbir Singh (PW-7) was also with him. One Manmohan Singh of Ratia met him. While they were engaged in conversation truck HYG 3265 came from the side of Rattia. The truck was being driven by Ranjodh Singh. The truck was stopped. On search being conducted in accordance with the provisions of the Act, 12 bags of poppy husk each containing 40 Kgs were found in the truck. These bags had been loaded in the rear portion of the truck. Kulwant Singh and Jarnail Singh were seen sitting on the bags. When the truck stopped, Jarnail Singh managed to escape, however, Ranjodh Singh and Kulwant Singh were arrested at the spot. Report was sent to the Police Station and case was registered.