MEHTAB S.GILL,J - (1.) WE will be deciding Criminal Appeal No. 647-DB of 2005, Criminal Appeal No. 868-DB of 2005 and Criminal Appeal No. 38-SB of 2006 with a common judgment, as they arise out of the same judgment/order of the learned Additional Sessions Judge, Fatehabad.
(2.) THE learned trial Court vide its judgment/order dated 2.8.2005/5.8.2005 convicted Joginder son Hardwari and Anil son of Banwari Lal under Section 15(c) of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentenced them to undergo 15 years R.I. and to pay a fine of Rs. 2,00,000/- each. In default of payment of fine to further undergo imprisonment for three years. The learned trial Court also convicted Sanjay son of Suraj Mal alias Surja under Section 25 of the NDPS Act and sentenced him to undergo 10 years R.I. and to pay a fine of Rs. 1,00,000/-. In default of fine to further undergo R.I. for two years. The case of the prosecution is unfolded by ruqa Ex.PF sent by Inspector Vijay Kumar SHO, Police Station Sadar Fatehabad, to Om Parkash MHC; on the basis of which FIR Ex.PG was recorded. Inspector Vijay Kumar stated, that he along with HC Dev Karan, Constable Kamal Singh and Constable Krishan Kumar were going into government vehicle No. HR-22B-1180 towards Village Bighar turning, Fatehabad, in connection with patrolling. A secret informer stopped his vehicle and told him, that truck No. RJ-31G-1460 loaded with poppy straw was coming from Bayawar District Ajmer (Rajasthan) and was to reach at the hotel of Pirthi Sarpanch resident of Baropal. Joginder Singh son of Hardawari Lal was the driver of the truck and Anil Kumar son of Banwari Lal was sitting with him. Information was sent to the Superintendent of Police, Fatehabad through Constable Kamal Singh and Shri Ashok Kumar Sheoran, Deputy Superintendent of Police, Headquarter, Fatehabad was also informed at his residence. When the police party was going towards the hotel of Pirthi Sarpanch near the bus stand of Badopal, Dharam Singh SI, HC Kailash Chander, HC Maya Ram, Constable Dhian Singh, Constable Jai Bhagwan and Constable Ved Parkash were joined in the police party. A naka was laid near the hotel of Pirthi Sarpanch on the GT road. After some time, truck No. RJ-31G-1460 came from the side of Hisar. It was stopped. Both driver of the truck and the person sitting with him were made to come down. The driver of the truck disclosed his name as Joginder Singh son of Hardawari Lal and the person sitting on the side disclosed his name Anil Kumar son of Banwari Lal. A written notice was served upon Joginder Singh, that some narcotic substance or poppy straw was suspected to be in his truck. The Deputy Superintendent of Police, who was present on the spot, gave an offer to Joginder Singh and Anil Kumar as to whether they wanted to be searched in his presence of a Magistrate or a Gazetted Officer. Joginder Singh reposed confidence in the DSP. Similarly, Anil Kumar also reposed confidence in the DSP. Both of them put their signatures on the different notices given to them. Inspector Vijay Kumar on the instructions of DSP Ashok Kumar carried out the search. 30 bags of onions were lying in the upper portion of the truck and underneath them, 70 gunny bags full of poppy straw were recovered. After taking two samples of 100 grams each from each gunny bag, the gunny bags weighed 39 Kgs. 800 grams individually. Seal bearing "VK" (impression) of Inspector Vijay Kumar was put on the samples taken and on the gunny bags. The DSP also put his seal "AK" on the samples and the gunny bags. Permit of the truck was taken into possession, which was in the name of Sanjay Bishnoi. Seal was handed over to Dharam Singh SI. Inspector Vijay Kumar tried to join independent witnesses, but he was not successful. Joginder Singh driver and Anil Kumar stated, that Sanjay son of Surja Ram was the owner of the truck and he had knowledge of bringing of the poppy straw. The truck was hired for Rs. 35,000/-. In total 28 quintals of poppy straw was recovered.
(3.) THE prosecution to prove its case brought into the witness box DSP Ashok Kumar PW1, SI Balwan Singh PW2, Dharam Singh SI PW3, Om Parkash MHC PW4, Constable Ashok Kumar PW5, ASI Kailash Chand PW6, ASI Jagbir Singh PW7 and Vijay Kumar Inspector PW8.;