GURDEV SINGH Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) Present application has been filed by the appellant under Section 389 Cr. PC read with Section 482 Cr. PC for suspension of sentence during the pendency of the appeal. By the impugned judgment dated 13.12.2013 the appellant was found guilty of an offence under Section 21(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ?NDPS Act') by the Special Judge, NDPS and sentenced to 15 years RI and fine of Rs. 1,50,000/-. Sentence in this case was directed to run concurrently with the sentence of 10 years and fine of Rs. 1,00,000/- in FIR No. 38/2007 under Section 29 of NDPS Act. In default of the fine, appellant was to undergo three months simple imprisonment.

(2.) The brief facts as culled out from the impugned judgment are that acting on an intelligence on 19th March, 2007 at about 11:00 PM the appellant and co-accused Mandeep Kaur were apprehended at Singhu Border, GT Karnal Road, Delhi, while they were travelling in a Mahindra Bolero bearing No.HR-70-3719. They were taken to the parking area in the IP Estate, where 13 packets from inside a cavity created in the floor of the vehicle, below the foot mat of the driving seat and 7 packets from the cavity of vehicle, below the foot mat of the seat adjacent to the driver seat, were recovered. Each packet was found to contain heroine, the gross weight of which was found to be 20.754 kg and the net weight was 20.022 kg.

(3.) Statement of the appellant under Section 67 of the NDPS Act was recorded wherein the appellant is alleged to have stated that he was carrying the said contraband at the instance of co-accused Dr. Balwinder Singh, who had employed the appellant as a driver for his Maruti Wagon-R Car, 8/9 days ago.