MOHD. IQBAL Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is by Mohd. Iqbal, a Pakistan National, against the judgment dated 10.12.1996 passed by Additional Sessions Judge, Gurdaspur, convicting the him under Sections 21 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the Act').

(2.) BRIEF facts out of which the present appeal has arisen is that on 5.12.1995 Directorate of Revenue Intelligence had received a secret information about the smuggling of contraband across the border. In pursuance of such information a nakabandi was organised on 16.121995 at T Junction of Mamoon Cantt on Jammu-Pathankot Highway. At about 8 a.m., the Officers observed a person coming from the bushes towards Indo-Pak border and on being challenged to stop the person tried to make good his escape but he was overpowered by naka party. The suspected person was carrying two bags and disclosed his identity as Mohd. Iqbal son of Bashir Ahmed, resident of village Jarpal, Tehsil Shakargah, District Narowal (Pakistan). He disclosed that he had come from Pakistan alongwith one Indian named Harpal and that he was carrying narcotic substance in the bag and that he was waiting for Indian accomplice, who had gone to Pathankot to arrange for a vehicle. The place of interception was not considered safe and secure to examine the accused therefore, the appellant was escorted to the office of Joint Assistant Director (G) of Border Security Force at Gurdaspur along with the said bags. At Gurdaspur two independent witnesses were called and in their presence the appellant was asked in writing whether he opted to be searched alongwith two bags before a Magistrate or a Gazetted Officer i.e. Assistant Director, DRI, Amritsar. The appellant conveyed his no objection to the conduct of search by Assistant Director, DRI, Amritsar and in pursuance thereof 2 bags containing 10 packets of 1 kilogram each of brown powder were recovered from the bags. On testing with U.N. Drug Testing Kit, the packets showed positive result of heroin (opium base). The appellant could not produce any evidence documentary or otherwise in support of legal importation/possession regarding the recovered 10 kilograms of heroin. Consequently, such 10 packets which valued at Rs. 50,000/- each were taken into possession and seized under Section 43 of the Act and 110 of the Customs Act, 1962. Sealed samples were sent for chemical analysis and were delivered at New Delhi on 8.12.1995. The case property was deposited in Custom House Malkhana, Amritsar on 7.12.1995, whereas duplicate samples were deposited in the Malkhana, Amritsar on 19.12.1995. The remnant samples as received from Chemical Examiner, New Delhi in a sealed cover were also deposited in the Custom House, Malkhana on 19.1.1996. The Chemical Examiner have reported in his report that samples answer test of Dialety Morphine which is the chemical name of heroin. Since the accused had committed offence under Sections 21 and 23 of the Act for acquiring possession of heroin; hence the complaint was filed.

(3.) THE trial Court after considering evidence on record returned a finding that the accused is guilty of offences under Sections 21 and 23 of the Act and convicted the appellant and sentenced him to undergo R.I. for a period of 14 years and to pay a fine of Rs. 1,00,000/-, separately under each Section. However, the substantive sentences were ordered to run concurrently.