SUKHWINDER SINGH @ SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is appeal against the order dated 21.10.1998 in case FIR No. 238 of 1987 of P.S. Lopoke passed by Additional Sessions Judge-cum- Special Judge, Amritsar vested with the powers to try cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 where by Sukhwinder Singh @ Sukha was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for six months.

(2.) THE prosecution case in brief is that on 11.11.1987 DSP Major Singh on receipt of secret information and orders from SSP Amritsar which was to the effect that some smugglers would be entering India with arms and ammunition, gold, opium, heroin and other smuggled articles and Naqa be laid near Indo-Pak Border at some particular point in the area of Village Udhar Dhariwal, P.S. Lopoke, so as to facilitate their apprehension. DSP Major Singh reached P.S. Lopoke in Government Vehicle No. PCA-867 being driven by constable Harjinder Singh along with constable Sukhdev Singh, constable Surjit Singh and S.I. Gajan Singh, SHO P.S. Ramdas. He joined ASI Sham Singh, ASI Gurbachan Singh, HC Santokh Singh, HC Ranjit Singh etc. at PS Lopoke. They all reached a particular point in Jeep No. PAQ 6745 and held Naqa at a distance of 1 furlong from the Behak of Ghasita Singh of Village Udhar Dhariwal, on the way leading from Pakistan to his Behak. At about 2:30 A.M. On 12.11.1987, Sh. K.S. Dhaliwal, Superintendent Customs (Preventive), Amritsar also came to the place of Naqa Bandi along with his party per chance. At about 2:45 A.M., when DSP Major Singh was talking to Superintendent Customs Sh. K.S. Dhaliwal, a tractor bearing registration No. PAA-9259, blue colour, was seen coming from the side of Pakistan to the Behak of Ghasita Singh. DSP Major Singh flashed search light at the tractor and signalled it to stop. In the search light every police personnel of P.S. Lopoke saw Ghasita Singh and Sukhwinder Singh on the tractor. Ghasita Singh was driving the tractor while Sukhwinder Singh @ Sukha s/o Santa Singh was sitting on the bags placed on the lift of the tractor. Ghasita Singh and Sukhwinder Singh @ Sukha took advantage of darkness and as search light was flashed on them, they ran away through the crops leaving behind the tractor there. Police personnel of P.S. Lopoke had known Ghasita Singh and Sukhwinder Singh @ Sukha since before and they had seen them quite vividly. They succeeded in running away, although the police and Customs officials tried to apprehend them. The police and the Customs officials searched the tractor. Three gunny bags were found lying on the lift of the tractor. Mouth of the each gunny bag was tied with Seba (Rassi). When those gunny bags were opened, they were found to contain 35 packets each of heroin, totalling 105 packets. Those packets were lying sewn with special cloth. Each packet was opened and was found to contain heroin (brown sugar) weighing 1 kg. In this manner, total heroin recovered was weighing 105 Kg. Out of each packet, three samples each weighing 10 grams were taken out. In this manner, 315 samples were drawn out of 105 packets of heroin. Each sample was made into a parcel which was sealed with seal of DSP Major Singh bearing impression 'MS'. It was sealed with customs seal impression Rs.144', which had been provided by Sh. K.S. Dhaliwal to DSP Major Singh. Rest of the heroin was allowed to remain in each of the said packets. Each of those packets were similarly sealed and made into parcel. All these packets, samples, empty gunny bags, tractor No. PAA-9259 were taken into possession vide memo Exhibit PC attested by the PWs. Rough site plan Exhibit PE was prepared at the spot with correct marginal notes. Ruqa Exhibit PD was sent to the Police Station for registration of the case against the accused under Sections 411/414 of Indian Penal Code, Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 3 of the Officials Secret Acts and Section 11 of the Customs Act, on the basis of which case FIR No. 238 was registered on 11.11.1987 at P.S. Lopoke. Sample were sent to the Chemical Examiner and the Chemical Examiner reported vide report Exhibit PM/PN and found that each of the 105 samples was in the form of brown powder. Each sample answered test for the presence of diacetyle morphine and thus was covered under the Narcotic Drugs and Psychotropic Substances Act, 1985. Both the accused were arrested.

(3.) VIDE order dated 19.11.1991, Sukhwinder Singh @ Sukha was charged under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Additional Sessions Judge, Amritsar. He pleaded not guilty to the charge and claimed trial.