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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