PARDEEP KUMAR Vs. NARCOTIC CONTROL BUREAU, CHANDIGARH

JUDGEMENT

(1.) The present appeal arises out of the judgment of conviction and order of sentence dated 24.02.2011 rendered by the Special Court, Rupnagar, whereby the appellant was convicted for an offence punishable under Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act') and sentenced to undergo rigorous imprisonment for a period of 14 years and to pay a fine of Rs. 1,50,000.00. In the event of default of payment of fine, the appellant shall further undergo rigorous imprisonment for a period of one year.

(2.) On 22.12.2008 at about 10.00 AM, Balwinder Kumar, Superintendent, NCB, Chandigarh, a Gazetted Officer, informed the Zonal Director, NCB, Chandigarh, vide Ex.P6, in respect of receiving of a secret information to the effect that one person namely Pardeep, medium built, half bald, aged about 35 years, resident of Village Kasol, District Kullu, Himachal Pradesh is involved in drug trafficking and is going to deliver a consignment of charas to a person at the entry gate of Ropar Bus Stand on 22.12.2008 in between 1400 hrs. to 1500 hrs. and that Pradeep will be wearing mongia colour trouser having a bag in his hand on which Dus No. Bidi is written. Pursuant to such information, the Zonal Director directed to constitute a party for apprehension of the person alongwith contraband. Thereafter, the team headed by Balwinder Kumar, Superintendent, after associating two independent witnesses namely Kala Ram and Kartar Singh, reached at the spot i.e. ISBT Ropar at about 1.00 PM. At about 3.00 PM, one person having a bag in his right hand on which Dus No. Biri was written and was waiting for someone, was seen near the ISBT Ropar entry gate. Since the information received tallied with the said person, the team headed by Balwinder Kumar, Superintendent surrounded him. After introducing himself and other team members, Balwinder Kumar, Superintendent asked the name and address of that person. Upon which, he disclosed his identity as Pardeep Kumar son of Bahadur Singh, resident of Village & PO Kasol, District Kullu (HP). Balwinder Kumar told Pardeep Kumar that they have information about his involvement in Charas trafficking and that they want to search his bag. He also apprised Pardeep Kumar about his legal rights to be searched before the Magistrate or Gazetted Officer. In reply, Pardeep Kumar told him that any member of the team can take the search of his bag. However, when Balwinder Kumar offered himself, members of his team and both the independent witnesses to take search of the bag, Pardeep Kumar refused for the same. Thereafter, Balwinder Kumar served a notice (Ex.P8) under Sec. 50 of the Act and apprised the accused of his rights and sought his option for search either in the presence of a Gazetted Officer or a Magistrate. Pursuant to such notice, the appellant disclosed his consent that he has nothing and anybody can take search of his bag. Balwinder Kumar also served notices Exs.P9 & P10 to the independent witnesses. At the spot itself, Balwinder Kumar directed him to open the bag. On opening the bag, brown colour substance like finger and roll type was found. On testing with the help of drug detection kit, the substance was found positive for Charas. On weighment, the whole substance came to be 15 Kgs. Two samples of 25 grams each were separated. The remaining substance was put in a small cloth bag. After stitching the cloth bag having the remaining substance, the same was sealed with four seals of the Narcotic Control Bureau-06 and marked as Lot - A. Similarly, both the samples were converted into parcels after putting into plastic packets and then in two white coloured envelopes. Both the envelopes were sealed with four seals of Narcotic Control Bureau. The samples were marked as A-1 & A-2. All the parcels were signed by Balwinder Kumar, Superintendent; accused Pardeep Kumar and independent witnesses namely Kartar Singh and Kala Ram.

(3.) On the same day, pursuant to a notice (Ex.P13) under Sec. 67 of the Act, the appellant made a statement (Ex.P14) disclosing that the bag was given to him by Mehar Chand resident of Village Kasol for handing it over to one person, who was to meet him at ISBT Ropar at about 2.45 PM. He further disclosed that Mehar Chand had told about his description to that person telephonically and in lieu of this, he had to get Rs. 15,000.00 as commission. He disclosed that he was carrying this article for the first time and that he has one Dhaba and small hotel at Kasol.