REHMATULLAH Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) THESE appeals are directed against the common judgment dated 1st december 2004 passed by the learned Special Judge in SC No. 45 of 2004 convicting the Appellants for the offence under Section 29 read with Section 21of the Narcotics Drugs and Psychotropic Substances Act, 1985 ( NDPS Act ) and order dated 13th December 2004 sentencing them to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh each and in default of payment of fine to undergo simple imprisonment for one year.

(2.) ON 21st December 1999, at around 2 pm a secret information was received by the Narcotics Control Bureau ( NCB ) through a source that approximately 80 kgs of heroin had been dispatched by Yakub by truck bearing No. GJ-8t 4417. Gom Singh @ Ram Singh along with the driver of the truck was to hand over the heroin to Noor Haider and Mohd. Gani. A raid team was constituted and the truck was intercepted at about 8. 30 pm on the same date on National Highway No. 8 near rajokri Chowk. One person was sitting in the cabin and another was standing near the truck with a bag. A stationary car No. DL-3sc F 4593 with the boot open was intercepted. An Afghani national was found standing near the car and another was sitting in it. The persons intercepted at the spot revealed their names as gom Singh @ Ram Singh, Kamal Singh, Mohd. Gani and Noor Haider Siddiqui. The search of the truck and the car yielded four plastic gunny bags containing heroin-two in the cabin of the truck, one in the boot of the car and the fourth on the road near the truck. The persons were apprehended immediately and escorted to the office of the NCB and their bags were opened, searched and the contents were marked. The seizing, sealing and sampling was conducted at the NCB office. The recovered substance of heroin was stated to have been collected weighed around 77 kgs net. The truck and the car were also seized.

(3.) THE search of the residential premises of Noor Haider Siddiqui yielded a passport and air tickets in the name of Raymond Bernard Dun. Gom Singh and kamal Singh on interrogation revealed that the heroin had been supplied by yakub. Upon this statement, Yakub was interrogated and in his statement under section 67 of the NDPS Act he revealed that he had supplied heroin to Kamal singh and Gom Singh. Yakub was then arrested. It is stated that in the subsequent statement Yakub admitted that the heroin had been supplied to him by rehmatullah. Statements of the other accused under Section 67 NDPS Act were recorded. Each of them admitted their role and also that of the co-accused. Chemical examination of the sealed substance confirmed that it was heroin. Accordingly, the complaints were filed.