(1.) BY this judgment, we dispose of four Criminal Appeals i.e. Crl.A. No. 258-DB of 2002 Tarlochan Singh v. Assistant Commissioner, Custom, Crl.A. No. 283-DB of 2002 Balwinder Singh v. The Assistant Commissioner Custom, Crl. Appeal No. 311-DB of 2002, Devinder Singh v. The Assistant Commissioner, Custom and Crl. Appeal No. 323-DB of 2002 Tarlochan Singh v. The Assistant Commissioner Custom as these four appeals have arisen from a common judgment and order dated 13.3.2002, passed by the Judge, Special Court, Ludhiana, who convicted Balwinder Singh and Devinder Singh aforesaid appellants, under Sections 23, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, and sentenced each one of them to undergo imprisonment for 14 years and to pay a fine of Rs. 1,00,000/- each. In default of payment of fine each one of them was directed to undergo simple imprisonment for a term of two years. They were also convicted under Section 120-B of the Indian Penal Code and sentenced to undergo R.I. for a period of ten years each and to pay a fine of Rs. 1,00,000/- each. In default of payment of fine each one of them was directed to undergo simple imprisonment for two years.
(2.) TARLOCHAN Singh son of Darshan Singh and Tarlochan Singh son of Chet Singh aforesaid were convicted under Sections 18, 22, 23, 25, 28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act and each one of them was sentenced to undergo R.I. for 14 years each and to pay a fine of Rs. 1,00,000/- each and in default of payment of fine each one of them was directed to undergo simple imprisonment for a term of two years each. They were also convicted under Section 120-B of the Indian Penal Code and each one of them was sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs. 1,00,000/- each. In default of payment of fine each one of them was directed to undergo simple imprisonment for a term of two years.
(3.) THE aforesaid four appellants were charge-sheeted as follows :- Balwinder Singh was charge-sheeted under Sections 23, 25 and 29 of the NDPS Act and Section 120-B of the Indian Penal Code on the allegations that he is the owner of Truck No. PJA 8677 and he knowingly permitted its use for illegal transportation, keeping Heroin and opium by Tarlochan Singh who transported 175 Kgs. of Heroin and 39 kgs. of Opium on 6.1.1988 and that he abetted and conspired with Tarlochan Singh son of Darshan Singh and Tarlochan Singh son of Chet Singh, Bachan Singh, Sucha Singh, Surmukh Singh, Pargat Singh, Devinder Singh, Guriqbal Singh, Kundan Singh and Baz Singh for illegal import of Heroin and opium into India and thus, he allegedly committed the offences as mentioned above.