HARPRIT SINGH Vs. COMMISSIONER OF CUSTOMS, AMRITSAR

JUDGEMENT

(1.) In the present revision petition under Section 482 Cr.P.C, quashing of order dated 01.02.2011 (P-4) passed by Judge, Special Court, Amritsar is sought whereby the application made by the accused Harprit Singh for his discharge of the offences has been dismissed.

(2.) A complaint dated 29.10.2010 under Section 21/23/28/29 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act') has been filed by Commissioner of Customs, Customs Preventive Commissionerate, Amritsar through Inspector of Customs, Land Customs Station, Attari Rail, Amritsar for recovery of 3.022 kgs of Heroin. In paragraph 9 of the complaint, it has been so stated that F.I.R bearing No. 6 dated 02.02.2010 u/s 21/29/61/85 of the Act is against accused Harprit Singh upon the recovery of 1 kg of heroin.During the investigation, the said accused Harprit Singh has made a statement (A-6) wherein he admitted the said 3 packets of heroin recovered/seized by the custom official on 11.12.2010, also belonged to him. It was also admitted that the said 3 packets of heroin was sent by Abad Ali, one heroin smuggler in a cement wagon goods train from Pakistan.

(3.) After making this admission, permission was granted on 19.04.2010 for the custody of the accused for investigation and recording of his statement u/s 108 of Customs Act. Thereafter, statement of the accused was recorded under Section 67 of the Act and Section 108 of the Customs Act (A-7).