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2019 Supreme(P&H) 1695
IN THE HIGH COURT OF PUNJAB AND HARYANA
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Kamaljeet Singh alias Kuldeep Singh – Appellant
Versus
State of Haryana – Respondent
CRA-D-768-DB of 2014, CRA-S-2224-SBof 2014
Decided On : 12-04-2019
For the Appellant :Mr. L.S. Sekhon, Advocate
For the Respondent: Mr. Vishal Garg, Addl.A.G. Haryana.
Narcotics--Certain mandatory directions issued to State of Haryana to curb the menace of drugs
Headnote:
Narcotic Drugs and Psychotropic Substances Act, 1985, S.71--Mandatory Directions--State of Haryana directed to launch special awareness drives; to provide latest kits to the Investigating Officers; to register cases against kingpins under Money Laundering Act; to establish Rehabilitation Centers in each district and appoint Psychiatrist; to post plain clothes policeman around all educational Institution to nab drug peddlers kingpins; to Constitute District Anti Narcotics Cells; to develop anti-peddling squads of police; to constitute anti-drug clubs in all educational institutions and all the prisoners old or new shall be tested for addiction and shall be registered and compulsorily sent for de-addiction.
JUDGMENT :
RAJIV SHARMA, J.
Since common questions of law and facts are involved in the aforesaid two appeals, therefore these are taken up together and disposed of by a common judgment.
2. These appeals have been instituted against the judgment and order dated 29.04.2014 and 30.04.2014 rendered by the Additional Sessions Judge, Sirsa in Sessions Case No.84-C of 2011, whereby appellant Amandeep Singh was charged with and tried for offences punishable under Sections 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”) and under Sections 411, 468 and 471 of the Indian Penal Code (hereinafter referred to as “IPC”) while appellant Kuldeep Singh alias Kamaljeet Singh was charged with and tried for offences punishable under Section 27-A read with Section 17 and under Section 25 of the NDPS Act and under Sections 411, 468 and 471. They were convicted thereunder and sentenced as under:-
| Name of convict | Under Sections | Imprisonment |
| Amandeep Singh | 17 of NDPS Act | To undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lac and in default of payment of fine to undergo rigorous imprisonment for a period of one year. |
|
| 411 IPC | To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/- (Rupees Ten thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of three months. |
|
| 468 IPC | To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/- (Rupees Ten thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of three months. |
|
| 471 IPC | To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- (Rupees five thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of one month. |
| Kamaljeet Singh alias Kuldeep Singh | 17 of NDPS Act | To undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lac and in default of payment of fine to undergo rigorous imprisonment for a period of one year. |
|
| 27-A of NDPS | To undergo rigorous imprisonment for a period of twelve years and to pay a fine of Rs.1,50,000/- (Rupees one lac and fifty thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of one year and half years. |
|
| 411 IPC | To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/- (Rupees Ten thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of three months. |
|
| 468 IPC | To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/- (Rupees Ten thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of three months. |
|
| 471 IPC | To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- (Rupees five thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of one month. |
All the substantive sentences were ordered to run concurrently.
3. The case of the prosecution in a nutshell is that on 23.01.2011 police had received information to the effect that accused Amandeep Singh was coming from Dabwali in a jeep bearing registration No.RJ-23UA-0628 with opium for delivering the same to co-accused Kamaljit Singh. SI Hira Singh constituted two raiding parties. SI Hira Singh sent intimation under Section 42 of the NDPS Act to the higher authorities. Thereafter he held nakabandi. PW Hira Singh was informed about the crossing of jeep at T point Salamkhera and coming towards Odhan. The jeep reached near T point Ghukianwali. PW Hira Singh stopped the jeep. In the meantime PW ASI Subha
