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TMI Blog2018 (12) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... lausible or convincing reason, which might have prompted to find any fault with the inference of conviction recorded by the trial Court and to interfere therewith - the judgment of conviction against both the appellants/accused is upheld. The ends of justice shall be adequately met, if sentence of 12 years of rigorous imprisonment of both the accused is reduced to rigorous imprisonment for 10 years, whereas keeping the fine part intact. Appeal allowed in part. - CRA-D-46-DB of 2015 (O&M) And CRA-D-115-DB of 2015(O&M) - - - Dated:- 30-11-2018 - MR A. B. CHAUDHARI AND MR H.S. MADAAN, JJ. For The Appellant : Mr. Anmol Rattan Sidhu, Senior Advocate with Mr. G. S. Ghuman, Advocate and Mr. Mahir Sood, Advocate And Mr. Sumit Sharma, Advocate For The Revenue-Intelligence : Mr. D. D. Sharma, Advocate, Standing Counsel for the Directorate ORDER H.S. MADAAN, J. Vide this judgment, we propose to dispose of two appeals i.e. CRA-D-46-DB of 2015 filed by appellant Parshotam Lal Sondhi and CRA-D-115-DB of 2015 filed by appellant Surinder Singh @ Bittu Atwal, both accused, who were tried and convicted by the Court of learned Judge, Special Court, Amrit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wk, Ajnala Road, Amritsar; at about 12:30 after midnight on 23.3.2008, one Indica car having MGrey colour bearing registration No.PB-08-BB-7311 was seen coming from Amritsar City side and going towards Rajasansi Airport, Amritsar; that it was accordingly intercepted and on being inquired, the person sitting in the car disclosed his name as Parshotam Lal Sondhi, resident of 876, Arjun Nagar Ladowali Road, Jalandhar; the officers of DRI questioned Parshotam Lal Sondhi and then informed him that they wanted to carry out the search and he had a right to be searched before a Gazette officer or a Magistrate; Parshotam Lal Sondhi opted to get the search conducted before a Gazetted Officer; since Parshotam Lal Sondhi requested that his personal search and that of the vehicle be carried out at a safer place as he apprehended risk to his life, therefore, Parshotam Lal Sondhi and the Indica car were taken to DRI Office situated at M-1/C, Green Avenue, Amritsar; the personal search of Parshotam Lal Sondhi in presence of Sh.Ramesh Sharma, Senior Intelligence Officer, DRI, Amritsar, Gazetted Officer and independent panchas did not result in recovery of any incriminating article, though a mobile ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d then duly sealed. The packing material along with 46 ladies suits were placed in suitcase of blue colour, which was locked and sealed. The value of the recovered heroin was calculated to be ₹ 1,11,25,000/- in Indian market @ ₹ 5 lacs per kg. and in international market, it was valued around 22 crores. The Indica car was also taken into possession since it was being used for transportation of narcotic and drugs. The mobile phone of Parshotam Lal Sondhi was taken into possession. The site plan of the place of interception was prepared. The statement of Parshotam Lal Sondhi was recorded in which he admitted mode and factum of recovery stating that heroin had been given to him by Surinder Singh @ Bittu Atwal son of Baldev Singh, resident of village Sammipur, District Jalandhar for taking the same to Taxi Stand at Rajasansi International Airport, Amritsar for delivering the same to a person about whom necessary directions were to be conveyed to Parshotam Lal Sondhi on his phone. Purshotam Lal Sondhi was to receive ₹ 10,000/- per kilogram. Parshotam Lal Sondhi was arrested in this case after adopting due procedure. Parshotam Lal Sondhi along with the case property and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrested in this case. As he had surrendered himself before Chief Judicial Magistrate, Amritsar on 2.1.2009, he was sent to judicial custody. However, his custody was obtained by DRI, Amritsar. He suffered statements before officers of DRI in which he admitted that he was engaged in illegal trafficking of heroin seized by DRI on 23.3.2008 and that packing of heroin was done by him and Parshotam Lal Sondhi at his farm house in the village and money was to be equally divided between two of them. A complaint had been filed by DRI initially against Parshotam Lal Sondhi and he was charge-sheeted for offence under Sections 21, 23 and 60 of NDPS Act, to which he pleaded not guilty. However, after arrest of accused Surinder Singh @ Bittu Atwal, supplementary (amended complaint) was filed and Parshotam Lal Sondhi as well as Surinder Singh @ Bittu Atwal, accused were charge-sheeted for the offences under Sections 21, 23, 60, 29, 25 of NDPS Act, to which, they pleaded not guilty and claimed trial. The case was then fixed for evidence of the prosecution. During the course of its evidence, the prosecution examined as many as five witnesses i.e. PW1 HC Swaran Singh, PW2 Sh.Rakesh Sarswat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Akal Finance Company. I came to know that DRI officials have visited my house on 23.3.2008 and got few blank papers signed from my wife. They also threatened and pressurized her to give a statement in her handwriting which was according to their wishes and pleasure. She was feeling helpless as they were using filthy languages and she gave statement to save me and our family members. Officers of DRI also took some Indian currency as well as foreign currency from my house which were given to me by my relatives outside India. They took my passport, my election ID card, passbook, bank statement and cheque books of various banks. They also took my marriage certificate. I surrendered in the court on 2.1.2009. They took me to their office in Amritsar where they tortured me and pressurized me for three days. I was so scared that whatever and however they asked me to write, I wrote. Neither had they given me any statement nor I was allowed to read it. They also took my signatures on some blank and printed papers, which were never given to me to read. They also threatened me that if he did not write according to them, they will implicate my family members. They had also beaten me in their o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regard had come to the conclusion that both the accused connived with each other in furtherance of their common mind and common object and hatched a criminal conspiracy to bring 22.250 kgs. heroin from Jalandhar to Amritsar. We do not see any reason to disagree with such findings recorded by the trial Court. Learned counsel for the appellants have not been able to put forward any plausible or convincing reason, which might have prompted us to find any fault with the inference of conviction recorded by the trial Court and to interfere therewith. As such, the judgment of conviction against both the appellants/accused is upheld. As far as the sentence part is concerned, as per the counsel for the appellants both the appellants are aged around 50 years; they are married having children; wife of Surinder Singh @ Bittu Atwal is stated to be chronic patient of Asthama. No previous conviction against both the accused is alleged or proved. Rather it is stated by counsel for the appellants that they are not involved in any other criminal case much less under NDPS Act. Keeping in view such contentions put forward by learned counsel for the appellants, we are of the view that the e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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