AI Drafter 
TaxTMI 
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TaxTMI 
2009 (8) TMI 1137
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....gh have filed these appeals against the judgement of the Addl. Sessions Judge, Sirsa dated 14.6.2007, and order of sentence dated 15.6.2007 vide which they have been convicted under Section 15 of the NDPS Act and were sentenced to undergo rigorous imprisonment for 10 years and 6 months and to pay a fine of Rs. 1 lac each and in default of payment of fine to undergo further S.I. for 2 years. Briefly the facts of the prosecution are that on 7.2.2004, SI/SHO Jagdish Kumar alongwith ASI Om Parkash, Constable Wazir and Constable Poonam was present on the bridge of Bhakra Canal on the road leading from Dadu to Dharampura in the area of village Dadu in connection with patrolling and checking of crime. Constable Malook Singh, came there per chan....
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....On weighment each gunny bag had 39 kgs.800 gms. of poppy straw. The 7 gunny bags were also made into sealed parcels. The samples and the gunny were taken into possession. The seal after use was handed over to ASI Om Parkash. On checking the car, registration certificate was recovered and the same was taken into possession. The person passing through the spot were asked to become witness but they showed their inability to witness the recovery. Since Makhan Singh, appellant was found to be in possession of 280 Kgs. of poppy straw which was lying on the seat of the Maruti car, he was found to have committed an offence punishable under Section 15 of the NDPS Act. Therefore, ruqa (Ex.PW9/B) was sent to the Police Station through Contable Wazir S....
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....ok Singh had witnessed the recovery proceedings and he had also identified Baggar Singh accused who had ran away from the spot. PW9 Inspector Jagdish Kumar is the investigating officer and he has given the details of recovery and other formalities completed at the spot. PW10 ASI Om Parkash is the witness of recovery of the 7 bags from the accused. On closure of the prosecution statements of the accused under Section 313 Cr.P.C. had been recorded and all the incriminating evidence appearing against them in evidence was put to them, they denied the allegation in toto and pleaded innocence. The accused Baggar Singh staed that a false case has been foisted upon him by the Investigating Officer as his mother had filed an application against h....
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....erusal of the statement under Section 313 Cr.P.C. of Baggar Singh clearly shows that the accused was asked by the Public Prosecutor that he while running away from the Police party by leaving the car at the spot, 7 bags were found containing contraband regarding which notice Ex.PW9/A under Section 50 of the NDPS Act had been issued to him. The accused was also specifically asked that the bags recovered from the car contained poppy straw. Similarly, the accused Makhan Singh was also asked that he was in conscious possession of the contraband which was contained in 7 bags which had been recovered from the Maruti car No.DNC-1248. In the present case, both the accused were travelling in a car in which 7 bags of poppy straw were loaded weighing ....
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....t of the Police Station I was directed to have a surveillance upon him". This witness disclosed the name of accused Baggar Singh to the SHO at the spot. Apart from the above, the accused Baggar Singh was also identified in Court by PW9 Jagdish Kumar, Inspector Traffic, Rewari, Investigating Officer and also by PW-10 Om Parkash, ASI. From the aforementioned evidence, it is clear that the accused Baggar Singh who had managed to escape had been identified by PW8 Malook Singh and subsequently by PW9 Jagdish Kumar and P-10 Om Parkash in Court. The identity of Baggar Singh was also disclosed by his co-accused Makhan Singh and thus, we are of the considered opinion that that the poppy straw was recovered from Baggar Singh and Makhan Singh. As f....