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TMI Blog2017 (3) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... e Officer of the Narcotics Control Bureau ('NCB' - for short) filed a complaint dated 19.06.2006 in the Court of learned Judge, Special Court for NDPS cases at Ferozepur. On the basis of the complaint that was filed, the learned Judge, Special Court at Ferozepur, on 21.08.2006, framed charge against the appellants which is to the effect that on 23.12.2005 at 0620 hours, i.e. 06:20 a.m., in the area of Mor Sadak Usmanwala on Arifke Mutthianwala road, the appellants were found in conscious possession of 26 kgs of heroin without any valid permit or licence for keeping the same in their possession. Thereby they committed an offence punishable under Section 21 (c) of the NDPS Act. The appellants were directed to be tried by the learned Court. The contents of the charge were read over and explained to them. They understood the same and pleaded not guilty, and claimed trial. The prosecution, in order to establish its case, examined as many as five witnesses; besides, tendered documents in evidence. The incriminating evidence that was brought on record was put to the appellants in terms of Section 313 of the Code of Criminal Procedure ('Cr.P.C.' - for short). In their def ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants in fact, according to the order of the learned trial Court itself, were only the carriers of the contraband and it is the case of the prosecution itself that the appellants had picked up the contraband that was thrown from across the border. They were to deliver it to a person who was to come from Delhi to the house of Jassa Singh alias Dodhi (appellant No.2) and they were to receive Rs. 2,50,000/- from him. It is further submitted that in para No. 23 of the judgment of the learned trial Court, the learned trial Court itself has held the appellants to be carriers of the contraband and no efforts were made by the NCB officials to trace out as to who was at the back of this recovery and to whom the consignment was to be delivered. It is also contended by learned counsel for the appellants that Ravi Kant Pawar, Intelligence Officer (PW2) has himself been convicted in another case of corruption though the said fact is not on record. Besides, it is submitted that the appellants are not previous convicts and, therefore, the sentence that has been imposed is unduly harsh and is liable to be reduced. In response, Mr. D.D. Sharma, Advocate appearing for the NCB - respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut 06:20 a.m. observed lights of a two-wheeler coming from Mutthianwala towards Aarifke. As the vehicle reached near, Ravi Kant Pawar, Intelligence Officer (PW2) signaled it to stop. Two persons were ridding on a black colour TVS Centra motorcycle, which was without a registration number. It was being driven by a young man aged about 25-26 years wearing a 'patka' (small headwear). A middle aged Sikh was ridding pillion and he was holding a green colour plastic bag in his hand. The bag had been kept between him and the driver. On stopping the motorcycle, both the persons got down from it and the bag was kept on the ground. The words 'Pankaj, a cow, Cattle Feed Mallanwala, IND etc.' were printed on the bag. Ravi Kant Pawar, Intelligence Officer (PW2) introduced himself and the team to the two motorcycle riders. On inquiry, the driver disclosed his name as Avtar Singh alias Tari (appellant No.1) aged 27 years. The person, who was riding pillion, disclosed his identity as Jassa Singh @ Dodhi (appellant No.2). The Intelligence Officer (PW2) disclosed the reasons and his intentions to search the persons riding the motorcycle and also the baggage. A notice in terms of Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his personal use. During further search, nothing incriminating was recovered either from the person of the accused (appellants) or the vehicle. Later, at about 07:00 a.m. due to other reasons like lack of proper light, dense fog, extreme cold, no proper place for work being available and above all the security and safe custody of recovered drugs and accused (appellants), the Intelligence Officer with the consent of witnesses decided to complete further proceedings at Police Station Sadar Ferozepur. The joint team of NCB and Punjab Police including the witnesses and the accused (appellants) along with the recovered contraband reached Police Station Sadar Ferozepur at about 08:00 a.m. The Intelligence Officer - Ravi Kant Pawar (PW2) started further proceedings at about 09:00 a.m. in a separate room. The details of the contraband that were recovered were noted and other formalities were carried out. The accused (appellants) were produced before the Duty Magistrate at Ferozepur along with the case property and relevant documents for authentication on 24.12.2005. They were remanded to the custody of NCB till 28.12.2005. They were sent to judicial custody on completion of NCB remand on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the NCB officials, who were under Central Government of India, tried to trace the origin of the heroin and they never tried to trace as to who was at the back of this recovery and to whom the consignment was to be delivered. It was found strange that in those days when there were daily news about the drugs abuse in Punjab and other parts of India but still the officials of NCB never tried to know about the origin of the heroin for the reasons best known to them. It was also noticed that it was generally seen in majority of cases that the recovery was effected from the carriers, but no effort was ever made by the Border Security Force or the NCB to trace the origin of heroin. It may be noticed that the origin of the heroin is from Pakistan side, however, what the learned Judge, Special Court, Ferozepur intended to convey was that the destination where the heroin was to be delivered and further distributed had not been traced out. In the circumstances, there is no dispute to the position that the appellants were carriers who had taken consignment to deliver it further. In the statements under Section 67 of the NDPS Act though they had stated that earlier they had collected drug c ..... 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