CHANAN SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 10.12.1996, and the order of sentence dated 12.12.1996, rendered by the Court of Addl. Sessions Judge, Sirsa, vide which it convicted the accused/appellant Chanan Singh, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of one year. Bikar Singh @ Bukan Singh, accused, was, however, acquitted by the Court.

(2.) THE facts, in brief are that, on 4.8.1991, at about 8.30 PM, Om Parkash, Inspector, posted in CIA Staff, alongwith Ram Mehar Singh, HC, and other police officials, went to village Musabwala in Government Gypsy, for checking the activities of extremists. First of all, the police party went to Rori, and thereafter, it was coming to village Suba Khera, and when it reached at a distance of 2 Kms. one Maruti car was seen coming from the side of Suba Khera. The policy party tried to stop the Maruti car, but it did not stop there. One truck was coming behind the said car. It was at about 12.15 AM (night) on 5.8.1991, and the police party tried to stop the said truck, but the driver thereof, did not stop. Om Parkash, Inspector, ordered one of the Constables, to fire a shot towards the tyres of the said truck. On his direction, Same Singh, Constable, fired a shot from his stane -gun, in the tyres of the said truck, as a result whereof, one tyre got punctured. The truck stopped at a distance of 250 yards. The number of the truck was HNH - 3722. Two persons alighted from the same, and ran away, leaving the same (truck) behind at the spot, under the cover of darkness. The police party then checked the said truck, and found it carrying 85 bags of poppy -husk. Each bag contained 40 Kgs. of poppy -husk. A sample of 100 grams of poppy -husk, was taken out of each bag. The remaining poppy -husk was kept in the same bags. The samples of poppy -husk, and the bags, containing the remaining poppy -husk, were converted into parcels, and sealed with the seal bearing impression 'OP', belonging to Om Parkash, Inspector. Thereafter, the case property was taken into possession vide a separate memo. One registration certificate, and driving licence, in the name of Chanan Singh, accused, one tape recorder, and Rs. 2000/ - were also recovered from the cabin of the truck. These were taken into possession, vide separate memos, attested by the witnesses. Ruqa was also sent to the Police Station, on the basis whereof, the FIR was registered. Rameshwar Lal, Sarpanch of village Bhadra, came to the spot. He disclosed the names of two accused, who ran away, from the spot, after leaving the truck. The statement of Rameshwar Lal, Sarpanch, was recorded under Section 161 Cr.P.C., by the Police. Rough site plan of the place of recovery, was prepared, and the statements of the witnesses were recorded. On reaching the Police Station, on the same night, the case property was deposited with the Moharir Head Constable, in intact condition. Later on, accused Bikar Singh @ Bukan Singh was arrested, in this case on 9.8.1991, in village Kungeranwali, when he was produced before Om Parkash, Inspector, by Gajjan Singh. Chanan Singh, accused, was arrested on 16.8.1991, in a Dhani, near village Kungeranwali. Grounds of arrest, were disclosed to the accused. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined Ram Mehar Singh, HC (PW -1), a recovery witness, Karamjit Singh, HC (PW -2), Krishan Chand, HC (PW - 3), Randhir Singh, Constable (PW -4), Ruldu Ram (PW -5), the ex -owner of the said truck, Rameshwar Lal, Sarpanch (PW -6), and Om Parkash, DSP (PW -7), at the relevant time Inspector. Thereafter, the Addl. PP for the State, closed the prosecution evidence.