Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 17.12.2004 rendered by the Presiding Officer, Special Court, Kurukshetra vide which the accused/appellants were convicted and sentenced as under:
(2.) THE facts, in brief, are that on the night intervening 7.11.1996 and 8.11.1996, Som Nath, Sub Inspector, Police Station, Guhla, along with ASI, Balwan Singh, Satbir Singh, Head Constable and other police officials was present at the Tilla of Village Agondh, in connection with patrol duty. At about 2.00 A.M., on 8.11.1996, Som Nath, Sub Inspector received a secret information, that the accused were transporting poppy straw, in tractor -trolley No. HNQ -3958 concealed under the fodder (parali) from the side of Village Nanhera(Punjab) and if a picket was held at the unmetaledpath (kacha rasta) leading from Village Nanhera to village Dabankheri, etc. they could be arrested, with the contraband. On receipt of this information, he joined Mahipal, Head Constable and other police officials of police post Ramthali, in the raiding party, and reached in the area of Village Dabankheri, on Nanhera -Dabankheri unmetaled path (kacha rasta). At about 4.15 A.M., a tractor -trolley came from the side of Punjab border after crossing Gaghar river on the unmetaled path. When the tractor -trolley reached near the picket, it was signaled to stop. It was stopped. On seeing the police party, four persons alighted from the tractor -trolley, andran towards the fields. They were chased and identified as accused Raghbir Singh, Jaswant Singh, Sadha and Lambar, but they could not be apprehended. The driver of the tractor -trolley namely Laftain Singh, was apprehended at the spot. Eicher tractor No. HNQ 3958 along with its trolley, was checked. The trolley was found loaded with fodder (parali). DSP Sajan Kumar was informed through wireless message, about the facts of the case, and requested to reach the spot. He reached the spot, after some -time. In his presence, search of the trolley was conducted which resulted into there covery of 17 gunny bags each containing 35 kgs. poppy straw. A sample of 200 grams was separated, from each bag. The samples and the remaining poppy straw, were converted into separate parcels, and sealed with seals bearing impressions SN, belonging to Som Nath, S.I. and 'SS' of Sajjan Singh, Dy Superintendent of Police. Specimen impressions of the seals were prepared. Seal of Som Nath, Sub Inspector, after use, was handed over to Ram Pal, ASI, whereas the seal belonging to the DSP, after use , was kept by him. The sealed parcels and the tractor -trolley bearing No. HNQ 3958 were taken into possession, vide memo Ex.PC attested by the witnesses. Ruqa Ex. PE was sent to the Police Station, on the basis where of, FIR Ex. PE/1 was registered. Laftain Singh, accused, was arrested vide arrest memo Ex. PG after apprising him of the grounds of arrest. Rough site plan Ex.PF of the place of recovery, was prepared at the spot. On return to the Police Station, the case property along with samples, was deposited with the M.H.C. The samples along with specimen seal impressions were sent to the Forensic Science Laboratory , Madhuban, through Mahavir Singh, Constable. The samples sent to the Forensic Science Laboratory , on analysis, were found to be of poppy straw. Accused Raghbir Singh, Jaswant Singh, Sadha and Lambar were arrested later on. After the completion of investigation, the challan was presented. On their appearance, in the Court of the Committing Magistrate, the accused were supplied the copies of documents, relied upon by the prosecution. After the case was received by Commitment, charge under Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against Raghbir, Sadha and Laftain Singh, accused under Section 25 against Lambar Ram and Raghbir, accused, was framed to which they pleaded not guilty, and claimed judicial trial.
(3.) THE prosecution, in support of its case, examined Mahabir Singh, PW -1, Tara Chand, Sub Inspector, PW -2, Ishwar Singh, Head Constable, PW -3, Sajjan Singh, DSP, PW -4, Som Nath, PW -5, Head Constable, Roshan Lal, PW -6, Brij Mohan, PW -7, Shamsher Singh, Constable, PW -8, Ram Pal, PW -9, and Dr. S.K. Nagpal, Senior Scientific Officer, F.S.L., Madhuban, PW -10. The Additional Public Prosecutor for the State, tendered into evidence, the report of the Forensic Science Laboratory and thereafter closed the same.;