BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been preferred by Baljinder Singh impugning judgment and order dated 08.02.2010 passed by learned Judge, Special Court, Tarn Taran whereby he has been convicted for the offence punishable under Sec. 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act') for being in illegal possession of 13 Kgs. of heroin and sentenced to undergo rigorous imprisonment for 12 years, besides, a fine of Rs. 1,20,000/ - and in default thereof, to undergo further rigorous imprisonment for two years.

(2.) Brief facts of the case as revealed in Ruqa, Ex.PF sent by PW4 Inspector Balbir Singh are that some unusual movement of throwing of goods over the fence at the international border of India -Pakistan was noticed on the intervening night of 27/28.02.2006. Troops of 3rd Battalion BSF were deployed along Naka Nos. 57 and 58. Constable Manik Ghosh and Constable M.K. Deb Barma were to take over their duties at 3.00 a.m. Constable Manik Ghosh rushed towards the place and observed one person with a gunny bag trying to run towards India. Constable Manik Ghosh challenged the smugglers. In the meantime other troops, namely, Constable Shivesh, Constable P.K. Mandol, Constable R.K. Rathore, Constable A Raja and Constable M.K. Dev Barma rushed there and cordoned off the area on this side of the border fence. PW7 Indraj Singh, Commandant of 3rd Battalion BSF alongwith other officials reached the spot at 4.00 a.m. PW4 Inspector Balbir Singh, Party Commander apprised the officers of the position. Search of the area was carried out on the extended line of border fence towards the home side. An unknown person was observed lying in the fields with a gunny bag on his shoulder. On apprehension, he disclosed his identity as Baljinder Singh son of Jaswant Singh, resident of District Amritsar. On search of the gunny bag, 13 packets of white powder suspected to be heroin weighing one kilogram each wrapped with yellow tape were recovered. One 9 mm pistol without magazine was also recovered in the fields of Inderjit Singh son of Sajjan Singh. On further questioning, appellant -Baljinder Singh disclosed the names of four other persons alongwith him, indulging in smuggling i.e., Sarwan Singh, Chinta Singh, Nachhatar Singh and Balwinder Singh. Said persons managed to escape due to darkness, undulating terrain and knee -high crops.

(3.) Samples of 20 grams and 10 grams each of the white powder suspected to be heroin were taken from the 13 packets and sealed on the spot. Each packet of 970 grams were also sealed on the spot with the seal of Commandant 3rd Battalion BSF. A total of 39 parcels were prepared, which were sealed with the seal of Commandant 3 BN BSF. They were all taken in possession vide memo Ex.PG. Form M29 was also prepared at the spot. Two vehicles i.e., a motorcycle Kawasaki bearing registration No. PB35 -8502 and Freedom (Prima) bearing registration No. PB38A -2335 were recovered from about 500 meters from the international border.