IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-283-SB-2004 Date of Reserve:29.01.2026 Date of Decision: 23.02.2026 Uploaded on: 27.02.2026 (i) CRA-S-283-SB-2004 Sukhvinder Singh …Appellant Vs.

State of Haryana …Respondent (ii) CRA-D-395-DBA-2004 State of Haryana …Appellant Vs.

Jajji and others …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Hon’ble Mr. Justice H.S Grewal Present: Mr. Rajiv Sidhu, Sr.DAG, Haryana for the appellant in CRA-D-395-DBA-2004 and for the respondent in CRA-S-283-SB-2004.

Mr. Vicky Sharma, Advocate for Mr. K.S Dhaliwal, Advocate for the appellant in CRA-S-283-SB-2004.

Ms. Gurneet Sagoo, Advocate as Amicus Curiae for the respondents in CRA-D-395-DBA-2004.

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N.S.Shekhawat J.

1. This judgement shall dispose of two appeals i.e. CRA-S-283-SB- 2004 titled as “ Sukhvinder Singh Vs. State of Haryana and CRA-D-395- DBA-2004 titled as “State of Haryana Vs. Jajji and Others, as both the appeals have been filed against the common impugned judgment of conviction dated

03.12.2003 and order of sentence dated 04.12.2003, passed by the Special Court, Kaithal.

2. Vide the impugned judgment of conviction dated 03.12.2003 and order of sentence dated 04.12.2003, passed by the Special Court, Kaithal, the Trial Court had convicted the appellant Sukhvinder Singh for commission of offence punishable under Section 15 of the N.D.P.S Act and was sentenced to undergo R.I for a period of ten years and to pay a sum of Rs.1,00,000/- as fine, in default of payment of fine, he would further undergo rigorous imprisonment for a period of two years, whereas, the respondents in Criminal Appeal No. CRA-D-395-DBA-2004, were ordered to be acquitted by the Trial Court. Sukhwinder Singh has challenged his conviction, whereby, the State of Haryana has challenged the acquittal of respondents in CRA-D-395-DBA-2004.

3. The FIR (Ex.PF/1) was ordered to be registered on the basis of the complaint received from Banwari Lal, SI/SHO and the same has been reproduced below:-

“To M.H.C, Police Station, Siwan, Sir, It is submitted that today I SI/SHO alongwith ASI Laxmi Chand HC Karambir No.40, HC Kulbir No. 497, Hari Singh No.384, Constable Raspal No.844, C. Shamsher Singh No.613 was present in a Government Jeep No. HR-08B-2018 driven by Karam Singh, at T point Kangthali road, Bhuna in connection with vehicle and excise checking and then by chance, ASI Manohar Lal Police Station Cheeka met me and when I was talking with him, in the meantime a truck no. HYO 5566 LP Model, came from the side of Kangthali, to which, I gave signal to stop. The driver of the vehicle applied the brakes and two persons Jajji son of Puran Ram Bajigar, resident Chanchak and Pappu alias Karnail Ram, son of Naina Ram Bajigar resident of Chanchak, who were sitting in the cabin of the truck and two more persons namely Satnam alias Satta son of Pritam Singh, Jat Singh, resident of Daban Khedri and Atma Ram son of Teja Ram Bajigar, resident of Nagal, now resident of Salimpur Baiga Basti, who were sitting on the tool and were earlier known to ASI Manohar Lal and HC- Kulbir Singh No. 497 alighted from the truck quickly and ran away in different direction. Efforts were made to chase them but they all could not be apprehended and fled away. The driver of the truck had not alighted and his address was enquired. He told his name as Sukhwinder Singh @ Babby son of Dhian singh, Labana Singh resident of Bhuna plot no.1. The truck was searched on the basis of suspicion and some narcotic substance was suspected in the bag covered by tarpal in the body of the truck. Written notice was served upon Sukhwinder Singh, driver and he was asked whether he wanted to get his vehicle searched from me or by a Gazetted Officer or by any Magistrate, on which Sukhwinder Singh agreed to get the vehicle searched from some Gazetted Officer. Consent memo under section 50 of the NDPS Act was prepared which was signed by Sukhwinder singh and the witnesses. Then I requested Sh.Om Parkash HPS, Deputy Superint