KASHMIR SINGH Vs. INSPECTOR CUSTOMS

JUDGEMENT

(1.) KASHMIR Singh son of Gurdit Singh, resident of village Pucca Chisti, District Ferozepur was charged under Section 8(c) read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short to be referred to as the Act) for keeping in his conscious possession one kilogram of heroin on 22.4.1990. He stands convicted of the said charge vide impugned judgment dated August 4, 1993 of learned Sessions Judge, Ferozepur and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac, in default of payment thereof to further suffer RI for three years.

(2.) BRIEFLY , the prosecution story runs thus : On receipt of a secret information in Custom Staff Fazilka, J.M. Bhatia, Superintendent of Customs (PW1), P.K. Yadav, Inspector Customs (PW2) and other custom officials besides M.I. Khan, Commandant Border Security Force (PW3), Nirmal Singh and Ajit Singh Inspectors B.S.F. raided the residence of the appellant on 22.4.1990. The search was conducted in the presence of Balbir Singh member panchayat and Dial Singh, both residents of the same village. One nylon bag containing two white bags, marked with Urdu script as Afghan-707 National was recovered from the vicinity of the appellant's house, hidden in the Sarkana bundles tree wood. The said bags on opening were found to contain brown powder (heroin). On weighing each packet was found to contain 500 Grams of powder. Five samples of 5 grams each were taken from both the bags separately. One of the samples was sent to Chemical Examiner, Delhi, which on analysis was found to be light brown coloured powder with presence of Diacetyl morphine, which is covered under the Act. The report in this regard in Ex.PA. Another sample was handed over to BSF Commandant under proper receipt. P.K. Yadav (PW2) also recorded the statement (Ex.PC) of the appellant on the same day i.e. 22.4.1990, wherein he admitted the recovery of aforesaid 1 Kg of heroin from him and further admitted that one Ashu resident of village Kirianwali, Tehsil Dialpur, District Okara Pakistan had sent the same to him two days prior thereto and he had to sell the same in Delhi. He also admitted that he had earlier also been arrested by the BSF Staff and was facing trial in a case in Ferozepur Court for recovery of 6 Kgs of heroin. After completion of investigation, the complaint Ex.PH was filed against the present appellant.

(3.) IN order prove the charge, the prosecution examined J.M. Bhatia, Superintendent Custom as PW1, who has reiterated the facts as mentioned above. P.K. Yadav (PW2) and M.I. Khan (PW3) corroborate his testimony. The prosecution has given up certain witnesses as unnecessary including Balbir Singh and Dial Singh, as having been won over.