PARAMJIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants and one Kulwant Singh faced trial in FIR No. 165 dated 08.11.2006, Police Station 'B' Division, Amritsar for offences under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). The specific charge against Paramjit Singh @ Pamma-appellant no. 1 (A-1) was that on 08.11.2006 in the area of Sultanwind road, Amritsar he was found in possession 4 kgs. of heroin without any permit or licence and Resham Singh-appellant no. 2 (A-2) in possession of 1 kg. of heroin on the same date and time. The third head of charge against the appellants and co-accused Kulwant Singh (since acquitted) was that they had entered into a criminal conspiracy to commit the offence under Chapter IV of the Act. In fact there was no admissible evidence to prove charge against Kulwant Singh @ Kanta accused and so he was acquitted of the charge framed against him. The charge against both the appellants was held proved and they were convicted under Section 29 of the Act. The learned trial Court awarded sentence to the appellants to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac each, in default of payment of fine to further undergo rigorous imprisonment for one year each.

(2.) The Intelligence Wing of Punjab State Police headed by Additional Director General of Police (Intelligence), Punjab had initiated a large scale drive to crack smuggling of narcotic and psychotropic substances.

(3.) The facts of the case briefly stated are that; On 08.11.2006, PW-1 SI Harwinderpal Singh of the Special Narcotic Cell, Punjab was present in his office at Amritsar where he received a secret information against A-1, who had escaped from police custody while being produced in the court in the year 2005 and was a proclaimed offender. The information against A-1 was that he was actively involved in smuggling of heroin and present near Punjab National Bank situated on Sultanwind road with his motorcycle No. PB-46-8897 make Bajaj Pulsar of black colour alongwith his co-accused A-2 and waiting for some party for delivery of heroin. It was further informed that if a raid is conducted, the accused persons could be apprehended alongwith heavy quantity of heroin.