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TMI Blog2015 (9) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellants Rajinder Singh and Sukhchain Singh have been convicted for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') and sentenced to undergo rigorous imprisonment for a period of 12 years, besides, pay a fine of ₹ 1,00,000/- each and in default thereof, to undergo further rigorous imprisonment for one year by the learned Judge, Special Court, Amritsar vide impugned judgment and order dated 04.09.2009. Briefly stated, the facts are that complaint, Ex.P27 was lodged under Sections 21/23/25/28/29 of the NDPS Act against the appellants by PW1 Pushpdeep Singh, Intelligence Officer, Directorate of Revenue, Amritsar in his official capacity. It was revealed that specific information was received by PW1 Pushpdeep Singh on 22.07.2007 at about 3.30 p.m. that two Sikh gentlemen in white Kurta Pyjama wearing yellow and light pink coloured turbans carrying approx. 5 Kg. of heroin in a hand bag would reach Kathunangal Bus Stop on Amritsar-Pathankot road at about 8.00 p.m. on 22.07.2007 on a private bus. This intelligence/information was reduced into writing, Ex.P1 and sent to Senior Intelligence Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ag. Three of the packets were having oval or square rubber stamps bearing markings of crystal, figure of scorpion and year-2007. On two of the packets, the markings were not legible. All the five packets weighed 5 Kg. 380 grams. Total net weight of the narcotic was found to be 4 Kg. 950 grams. Two samples of 5 grams each were drawn from each of the packets and put in a self-locking polythene packs. All the ten samples were further packed in a white paper envelope and sealed with the seal of DRI over a paper slip bearing signatures of the accused, Panches and DRI officer. All the five packets containing white/yellowish brownish lumps/granules were repacked in the same packets from which the samples were drawn. The opened sides of the polythene packets were closed with the help of transparent adhesive tape and then packed in an off-white colour cotton cloth, stitched and then sealed over a paper slip bearing signatures of the accused, Panches and DRI officer with the seal of DRI. All five packets duly sealed were put in a tin box wrapped with a cotton cloth and sealed in the same way. International value of each packet was statedly ₹ 1 Crore. Packing material was separately pac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubstance to a place, Sarpanch would tell. He did not agree to the same. In the year 2007, Sarpanch contacted him on another telephone number. Meanwhile, one of Rajinder Singh's vehicle met with an accident. He suffered huge loss and could not even pay back his loan installments. Due to this financial helplessness, he consented to execute the work for Sarpanch. Rajinder Singh received a phone call at about 7/7.30 a.m. on 22.07.2007 directing him to go to Vijaypur, a little ahead of Sambe and to stand at chowk there. Sarpanch inquired as to which dress and colour he would wear on that occasion and who would be accompanying him at that time. Upon this, he replied that he would wear white Kurta Pyjama and saffron turban and the person accompanying him would wear white Kurta Pyjama and cream colour turban. After some time Sarpanch again called him up that description of his physical appearance had been given to someone who would give him some material which he should bring to Kathunangal by bus where another person would meet him to whom the said articles should be handed over. Rajinder Singh asked his uncle Sukhchain Singh who resided in the same village and also plied one of hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med innocence and false implication in this case in their statements under Section 313 Cr.P.C. In defence five witnesses were examined. Learned trial court on consideration of the entire facts and circumstances of the case, concluded that prosecution had proved its case beyond reasonable doubt qua the accused who were accordingly convicted and sentenced as detailed above. Learned senior counsel for the appellants vehemently argues that false implication of appellants is apparent on the face of it. Prosecution is unable to prove that the appellants were, in fact, apprehended at Bus Stop Kathunangal in conscious possession of the contraband in question. Identity of the appellants is not established on record. It is further argued that intelligence in this respect was allegedly received on 22.07.2007 at about 3.30 p.m. Therefore, it is not understandable as to why the revenue officials kept waiting till 8/8.30 p.m. at Bus Stop Kathunangal. Accused could easily have been apprehended at an earlier point of time as in all probability information regarding starting point of journey etc. would also have been received by them. It is further urged that false implication of the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Bus Stop. Appellants alighted from the bus coming from Pathankot side at about 8.30 p.m. on 23.07.2007. Appellants revealed their identity at the time of their apprehension on the spot. Both of them were apprehended on the basis of secret information which was received. Due procedure was followed by the officials as mandated under the NDPS Act. Search of both the appellants was conducted in the presence of PW4 Ramesh Sharma, Senior Intelligence Officer, a gazetted officer of the Directorate of Revenue Intelligence, Amritsar. They were served with the notice under Section 50 of the NDPS Act though the provisions of Section 50 of the Act in a case where the recovery is effected from a bag held by the accused would not be strictly applicable. It is a matter of record that both the appellants suffered statements, Ex.P8 and P9. In the statements recorded under Section 67 of the NDPS Act both of them revealed their complicity in the commission of the offence. Appellant Rajinder Singh has specifically stated that he was in dire financial straits. People whom he had promised to send abroad were pressing hard for return of their money. He had been working as a Travel Agent and used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement to an empowered police officer in respect of investigation carried out under the Act, such statements are relevant for determining the offence by the concerned person. Therefore, in the present case statements, Ex.P8 and P9 suffered by the appellants can be read into evidence. It is pertinent to note that appellants have not retracted from their confession/statement at any point of time in this case. Furthermore, contention of learned counsel for the appellants that there are number of cuttings in statement Ex.P9 suffered by Sukhchain Singh rendering it inadmissible, is not tenable. We have perused the statement, Ex.P9. Said statement is duly signed by appellant No.2 on each page. Cuttings referred to are, in fact, corrections which have been affected. The same are not material and do not detract from the substance thereof. Countersigning of the said corrections by appellant No.2 rather lends truthfulness to the same rather than detract therefrom as is sought to be argued by learned counsel for the appellants. Another argument pressed into service on behalf of the appellants is that so-called independent witness PW5 Satnam Singh had never witnessed the occurrence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alongwith the accused were produced before the Chief Judicial Magistrate, Amritsar who passed order dated 23.07.2007, Ex.P18. Case property alongwith samples were deposited with PW3 Daljit Singh, Inspector Malkhana Custom House, Amritsar. Five samples duly sealed were sent to the CRCL, New Delhi on 26.07.2007. As per the Chemical Examiner's report, Ex.P26, seals on the samples received were intact and tallied with the sample seals. HC Swaran Singh as well as Inspector Daljit Singh PW3, who was Incharge of Malkhana on 24.07.2007 have specifically deposed that the samples were neither tampered with nor allowed to be tampered with by anybody as long as they were in his possession. It is contended that tampering of the case property cannot be ruled out as signatures of the Magistrate on the seals have not been mentioned in the Inventory, Ex.P19 especially in view of statement of PW1 Pushpdeep Singh that case property was seen and signed by Chief Judicial Magistrate, Amritsar. This fact was not mentioned in the inventory. Perusal of the record specifically Ex.P18 i.e., order dated 23.07.2007 passed by the Chief Judicial Magistrate, Amritsar reveals that he had signed on the parcels ..... X X X X Extracts X X X X X X X X Extracts X X X X
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