- (1.) This shall dispose of Criminal Appeal Nos. 631-DB and 694-DB of 2006 as the same have arisen out of same judgment.
(2.) Accused, Neeraj Kumar and Manoj Kumar, were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the 1985 Act') and each of the two was sentenced to undergo rigorous imprisonment of 12 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. Accused, Neeraj Kumar has preferred Criminal Appeal No. 631-DB of 2006 while accused Manoj Kumar has filed Criminal Appeal No. 694-DB of 2006.
(3.) The brief case of the prosecution is that on 9.1.2005, PW-7 SI Satpal Singh along with PW-5 ASI Prem Singh and other police officials proceeded towards Phoosgarh road for detection of crime. By then, he received a secret information at about 4.45 PM that the accused Neeraj Kumar and Manoj Kumar and one Hariom Pandit who was declared a proclaimed offender, were engaged in the process of transporting poppy straw in a plot near New Bal Bharti Public School, R.K.Puram, Karnal. Based on such information, PW-7 sent a ruqa, Exhibit P-9, to the police station. A formal FIR came to be registered based upon ruqa sent by PW-7. One Udaivir Singh was also associated for the purpose of raid. PW-5 and PW-7 along with other police officials then proceeded to the said spot referred by the informer. Three young persons were found present there. Accused Neeraj Kumar was found lifting one of the bags lying over there. On seeing the police party, except accused Neeraj Kumar, the other two accused persons ran away, out of whom one was Manoj Kumar accused. 9 bags were found lying at the spot. As per the choice and preference of accused Neeraj Kumar, PW-6 DSP Kirat Pal Singh was associated for the purpose of search and seizure. In his presence, all 9 bags were checked and the same were found containing poppy straw. Two samples of 100 grams from each of the 9 bags were separated. The remaining quantity in each of the bags weighed between 28.800 kgs. to 33.800 kgs. The total weight of the bags weighed 285 kgs. The samples and the residue were converted into separate parcels. They were properly sealed with the seal of PW-6 DSP Kirat Pal Singh and PW-7 SI Satpal Singh. PW-6 kept his seal with him after use whereas PW-7 handed over the seal, after use, to PW-5 ASI Prem Singh. Accused Neeraj Kumar was arrested. The case property along with the accused was produced before PW-4 Inspector Hari Kailash who was the Station House Officer of Police Station Sadar, Karnal. He having affixed his seal over the samples and the remaining quantity of the contraband, deposited the same in the Malkhana. Accused, Neeraj Kumar, was remanded to judicial custody. On 14.1.2005, PW-7 having received secret information about the movement of accused Manoj Kumar, proceeded towards Subzi Mandi (Vegetable Market), Karnal, and arrested him from there vide arrest memo. Exhibit P-16. He too was remanded to judicial custody.;