K.C.PURI, J. - (1.) BY this common judgment, I intend to dispose of Criminal Appeal No.473 of 2003 titled as Kuldeep versus State of Haryana and Criminal Appeal No.820 of 2003 titled as Mithu versus State of Haryana as both these appeals have arisen out of the same judgment and incident. For convenience facts are being taken from Criminal Appeal No.473 of 2003 titled as Kuldeep versus State of Haryana.
(2.) THE case of the prosecution in brief is that on 10.6.2001 a Police party headed by Ram Singh SI/SHO of Police Station Sadar Dabwali was present at Bus Stand Saktakhera in the early morning when a Maruti Car was spotted coming from the side of Sangaria. The car was got stopped. Accused Kuldeep was on the steering of the car and he was accompanied by co -accused Mithu. Two gunny bags were found lying on the rear seat of the car and on suspecting some contraband in those bags, SHO served the accused with a notice under Section 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985. They, however, reposed faith in the police party. The bags on search were found to contain choora post. Samples were separated and sealed and were taken into possession along with the residue choora post and the car. The accused were arrested and samples were got analyzed from the chemical examiner and these were identified as choora post. After completion of investigation of the case, challan was presented in the Court. Copies of documents were supplied to the accused free of costs as relied upon by the prosecution. The accused were charge sheeted under Section 15 of the Act. They did not plead guilty and claimed trial.
(3.) IN order to substantiate its case prosecution examined Budh Singh (PW - 1), Constable Rajbir Singh (PW -2), HC Ram Kumar (PW -3), SI Ram Singh (PW -4), HC Ram Kumar (PW -5) and closed the prosecution evidence.;