Full Judgment Text
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CASE NO.:
Appeal (crl.) 1185 of 1999
PETITIONER:
JAGAR SINGH
Vs.
RESPONDENT:
STATE OF HARYANA
DATE OF JUDGMENT: 14/12/2000
BENCH:
M.B.Shah, S.N.Phukan
JUDGMENT:
D E RL.....I.........T.......T.......T.......T.......T.......T..J
This appeal has been filed against the judgment and
order dated 30th June, 1998 passed by the High Court of
Punjab & Haryana at Chandigarh dismissing the Criminal
Appeal No.502 DB of 1997 filed by the present appellant and
confirming the judgment and order passed by the Additional
Sessions Judge, Bhiwani in NDPS Act Case No.15/96 and
Sessions Trial No.49/96 on 17th/21st March, 1997, whereby
the appellant Jagar Singh and another person Sukhdev Singh
were convicted and sentenced to rigorous imprisonment for 20
years and to pay a fine of Rs.2 lakhs each and in default of
payment of fine to suffer further rigorous imprisonment for
a period of 5 years. The High Court allowed the appeal
filed by Sukhdev Singh but confirmed the conviction of the
appellant Jagar Singh. However, the High Court modified the
sentence and reduced it to 12 years rigorous imprisonment.
The Court also reduced the fine from Rs.two lakhs to Rs.one
lakh and in default to undergo rigorous imprisonment for a
further period of one year.
At the time of hearing of this appeal, Mr. Rajiv K.
Nanda, learned Amicus Curiae has taken us through the
material evidence on record. The case of the prosecution is
that the appellant was the driver of a truck bearing No.
HR-24/2851, which was stopped because of nakabandi on
Singhani Chowk on Loharu Dighawa road, district Bhiwani.
After the truck was stopped, one person opened the door from
the side normally occupied by conductor and ran away from
the truck. The driver of the truck was, however,
apprehended and questioned as the police party suspected
that some narcotic material was in the truck and the choice
was given to the driver Jagar Singh as to whether he would
like to be searched by a gazetted officer. After obtaining
his reply in affirmative, Raj Gopal, DSP, Loharu was
summoned on the spot by a wireless message. After he
arrived, the truck was searched and 90 bags of poppy-husk,
each bag containing 40 kg. poppy-husk, were found.
Besides, 125 bags of salt were also found. After completing
necessary formalities, seizing of articles and drawing
samples, the accused-appellant was arrested. After
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completing the investigation, the accused was challaned and
thereafter tried by the Additional Sessions Judge, who
convicted and sentenced him as stated above.
For connecting the accused with the crime, prosecution
mainly relied upon the evidence of PW3 Rajgopal DSP and PW4
Med Singh, SI of Police Station City Jind, district Bhiwani.
In the statement under Section 313 Cr.P.C., the accused
apart from denying the prosecution version has stated that
police party stopped his truck by stating that they want the
truck for begar. As he refused to oblige them, they took
him to the police station, gave beatings and falsely
implicated in this case.
In our view, the High Court as well as the Additional
Sessions Judge have rightly relied upon the evidence of the
aforesaid two witnesses. There was no reason to disbelieve
PW3 Rajgopal DSP who went at the spot after receiving
wireless message. The statement made under Section 313
Cr.P.C. is without any substance because neither of the
prosecution witnesses were asked a question that the police
wanted to use the truck and as the accused refused to hand
over the said truck, he was falsely implicated. Further
considering the fact that a large quantity of poppy-husk
i.e. 90 bags containing 3600 k