- (1.) This order will dispose of two criminal appeals bearing CRA No.D-196-DB of 2009 and CRA appeal No.D-237-DB of 2009, arising out of common judgment and order dated 20.1.2009. Both the appellants, along with one Tejbir @ Bittu, were made to face trial for commission of offences under Sections 15 and 27 of the Narcotic Drugs Psychotropic Substances Act, 1985 (in short, the Act) and Sections 420, 467, 468, 471, 120-B IPC in FIR No.71 dated 24.1.2007. It was allegation against both the appellants that from a Jeep, in which they were travelling, five bags of poppy husk measuring 201 kgs were recovered. Registration papers etc. of the Jeep were found to be forged.
(2.) The trial Judge has noted the following facts regarding case of the prosecution:- "On 24.1.2007, Assistant Sub Inspector Ramesh Kumar along with other police officials was present on the katcha path leading from village Alika to village Pillchhian District Fatehabad, in connection with patrolling. In the meantime, HC Satpal came at there and when ASI Ramesh Kumar was talking with him, in the meantime a jeep was seen coming from the side of village Alika. ASI Ramesh Kumar, investigating officer of the case intercepted that jeep by giving signal with torch light. Two persons who were sitting in that jeep tried to run away from the spot, but they were apprehended. On interrogation, driver of the jeep disclosed his name as Subhash and another person disclosed his name as Mohan Lal. The registration number of the jeep was HR-51D/6781. On being suspected some narcotic substance, separate notices under section 50 of the Act were served upon both the above mentioned accused and vide replies, accused Subhash and Mohan Lal desired their search before a gazetted officer. Thereafter Sh.Satender Kumar Gupta, Assistant Superintendent of Police, Fatehabad was requested to reach at the spot through telephonically and after some time A.S.P. reached at the spot in a government vehicle alongwith his sta . On the direction of ASP, the search of the jeep was conducted. Five gunny bags were found in the jeep. On opening gunny bags, these were found to be containing poppy husk. Two samples of 100 grams each were taken out from the each of the gunny bags and the remainder in the each gunny bag was found to be 40 kilograms poppy husk. The samples and remainder were converted into parcels and were sealed with the seal RKM by the Investigating Officer and with seal SKG by the Assistant Superintendent of Police."
(3.) Seal after its use was handed over to Head Constable Mohan Lal by the investigating officer, namely, Inspector Ramesh Kumar (PW13). PW2 Satender Kumar Gupta Assistant Superintendent of Police kept his seal with him. On further investigation, a registration certificate was found from the jeep. The Jeep along with registration certificate was taken into possession against recovery memo (Ex.P1). Information (Ex.P16) was sent to the police station at Ratia, on the basis of which, an FIR (Ex.P17) was registered. The accused were arrested vide the arrest memos Ex.P24 and P25. They were subjected to interrogation, which led them to make disclosure statements (Ex.P13 and P14), stating that they had brought the contraband from Tejbir @ Bittu resident of Barwas P.S. Loharu. It was further stated by them that they had kept concealed five bags of poppy husk in fields situated on Agroha-Adampur road. The case property and the accused were produced before SHO, Hans Raj, who verified the facts, affixed his seal bearing impression BS' on all the parcels. Both the accused were put in the lock up and the case property was deposited with MHC.;