NIRMAL SINGH PEHLWAN ALIAS NIMMA Vs. INSPECTOR CUSTOMS

JUDGEMENT

(1.) This appeal is directed against the concurrent judgments of the courts below whereby the appellant has been sentenced to undergo 10 years R.I. and to pay a fine of rupees one lakh and in default to undergo RI for two years for having violated the provisions of Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act').

(2.) The facts of the case are as under:

(3.) During the course of the investigation the appellant also made a confession under Section 108 of the Customs Act admitting his guilt. The matter was ultimately sent up for trial after the completion of the investigation. Sarup Singh and Khazan Singh, the independent witnesses, were given up as having been won over by the appellant. The prosecution accordingly placed primary reliance on the statement of PW.1 Jagtar Singh, Inspector of Customs and PW.4 Prem Singh and the confession of the appellant made to him as also the circumstantial evidence in the case. The accused was also examined under Section 313 of the Cr. P.C. and he stated that he had been roped in on account of his animosity with Swaran Singh-DSP and his brother Kartar Singh-SP as he had been involved in the murder case of their brother, Ranjit Singh. He also produced several witnesses in defence.