LAWS(P&H)-2013-5-470

SUKHDEV SINGH @ SUKHA Vs. INSPECTOR CUSTOMS, FEROZEPUR

Decided On May 01, 2013
Sukhdev Singh @ Sukha Appellant
V/S
INSPECTOR CUSTOMS, FEROZEPUR Respondents

JUDGEMENT

(1.) Convict-Sukhdev Singh @ Sukha has filed this appeal assailing judgment and order dated 10.07.2001 passed by learned Special Judge, Ferozepur, thereby convicting the appellant under Section 22 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (in short, the Act) and sentencing him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- and in default thereof, to undergo further rigorous imprisonment for one year.

(2.) Respondent-Inspector Customs, Ferozepur instituted criminal complaint against appellant-accused under Sections 22 and 23 of the Act alleging that on 27.02.1989, Nachhattar Singh, Station House Officer of Police Station Jalalabad was having secret information that the accused was indulging in smuggling activities. Accordingly, joint party of police officials and customs officials held nakabandi. At about 12.30am on the night intervening 27/28.02.1989, the accused was seen coming with a bag on his shoulder. The accused on seeing the naka party tried to slip away. However, he was overpowered. On search, five packets containing heroine weighing 4 kilograms 865 grams in all was recovered, besides a country made pistol, three live cartridges and two tablets. Samples were drawn from the packets of heroine. The samples and the remaining heroine were sealed in separate parcels and the same were seized by officials of the Customs department. Sample on analysis was found to be of heroine. Consequently, respondent Inspector, Customs instituted complaint against the accused under Section 22 and 23 of the Act. Pistol and the cartridges were separately seized by the police for which separate FIR was registered against the accused.

(3.) Charge under Sections 22 and 23 of the Act was framed against the accused-appellant who pleaded not guilty and claimed trial.