- (1.) This judgment shall dispose of both the abovementioned appeals. CRA No. 1587-SB of 2010, has been filed by Rajender; CRA No. 1670 SB of 2010, has been filed by Main Pal and CRA No. 1803 SB of 2010, has been filed by Pawan Kumar against the judgment and order dated 19/21.5.2010, whereby all the appellants were convicted and sentenced to undergo rigorous imprisonment for ten years each and to pay a fine off ' One lac each; in default of payment of fine, the defaulter to further undergo for two and half hears under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, whereby one Arun Kumar was acquitted by the trial Court by giving benefit of doubt. The facts necessary for adjudication of the matter as narrated in para No. 1 of the impugned judgement are as under: On 14.1.2009, ASI Vinod Kumar alongwith Head Constable Rakesh Kumar and Constable Sandeep Kumar was present at the crossing of village Dudhola, where he received a secret information that an Indica Car while coloured, bearing its registration No. HR47-T-0371 occupied by Pawan Kumar son of Bhulleram, Rajender son of Nawal Singh, Arun Kumar and a driver Mainpal, having sulpha in the dicky of the car are coming from Gurgaon to Palwal and these persons are dealing in the sale of Sulpha and if a naka is held near petrol pump, they can be apprehended. On this information ASI Vinod Kumar alongwith his official companions held a nakabandi near petrol pump Dhatir. After some time Indica Car came and was got stopped. On enquiry the driver disclosed his name as Mainpal and the occupants as Pawan, Rajender and Arun. ASI Vinod Kumar asked all the four persons that he has a secret information that they have narcotic substance in the vehicle and are smuggling the same, search of the vehicle is to be taken and also apprised them that they had a right to get the search from any Gazetted Officer and served them a notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1989 on which they opted to be searched by a Gazetted Officer and then as required under Section 42 of the NDPS Act, DSP Uttawar Sh. Surender Singh was informed on telephone, who reached at the spot after about an hour and was told about the entire episode. DSP Surender Singh then took search of ASI Vinod Kumar and then directed ASI Vinod Kumar to search all the aforesaid persons and the vehicle. ASI Vinod Kumar then searched the vehicle make Indica bearing registration No. HR-47T-0371 and polythene (white coloured plastic bag) having the words FOREVER EXCLUSIVE JACTT was found in the rear dicky of the same and on checking it was found to contain charas/sulpha. On weightment, sulpha was found to be 4 kilogram 500 grams (4.5 Kgs.) out of which two samples of 50 grams were taken. Sample and the residue were converted into separate parcels and sealed with seal 'VK' and DSP also affixed his seal 'SS' on the same. Accused were asked to produce a licence for keeping the same but they could not produce any and thus a case under Section 20/61/85 of the N.D.P.S. Act was got registered. Recovered charas, samples and the vehicle (Indica) bearing registration No. HR-47T-0371 was taken into police possession.
(2.) After completion of the investigation, the challan was presented in the Court. The accused were charged under Section 20 of the Act, to which, they did not plead guilty and claimed trial.
(3.) In order to substantiate the charges, the prosecution has examined the following witnesses: PW1, Anoj Kumar, Draftsman, proved Ex.PA scaled site plan. PW2, HC Gajraj Singh, deposed with regard to receipt of the case property and sent the sample parcels and sample seal to FSL, Madhuban through Constable limed Singh, who after depositing the same, handed over the receipt to him. PW3, Surender Singh, owner of the car, who got released the car on superdari and proved Ex.P2, receipt issued to Mono, who was the driver on the said car. PW4, ACP Surender Singh, in whose presence the search was conducted and recovery was effected. He proved seizure memo Ex.P3 and case property Ex.P4. PW5, Constable Umed Singh, formal witness, tendered his affidavit Ex.PW5, wherein he has stated that the, he delivered the sample parcles and sample seal to the FSL, Madhuban. PW6, SI Ram Avtar, formal witnesses, who recorded formal FIR Ex.PW6/A and made endorsement Ex.PW6/B. PW7, HC Rakesh Kumar, eye witness, who proved Notice Ex.P7, served upon all the accused except Arun. PW8, ASI Vinod Kumar, Investigating Officer, who investigated the case and proved Ex.P8 site plan, report Ex.P9, endorsement of SHO Ex.P9/A. PW9, Amarjeet Singh, the then JMIC, Palwal, before whom the accused alongwith the case property were produced after their arrest, who after verifying the case property issued certificate Ex.P10 and affixed the court seal on the packet of the case property. PW 10, Inspector Narender Kumar, SHO, who prepared the final report under Section 173 Cr.P.C. and presented the case in the Court.;