KULWANT SINGH Vs. ASSISTANT COLLECTOR CUSTOMS DEPARTMENT OF REVENUE MINISTRY OF FINANCE GOVT OF INDIA AMRITSAR

JUDGEMENT

(1.) This appeal arises out of the judgement of conviction recorded by Shri S. S. Arora, Additional Sessions Judge, Amritsar, whereby the two appellants - Kulwant Singh and Ajit Singh have been convicted for an offence punishable under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter to be referred as the Act).

(2.) The prosecution case is as follows :On 23rd July, 1986, at about 6.30 p.m. a party of the Custom Preventive Staff Amritsar, consisting of Inspectors T. R. Kaushal P.W. 1, Sandeep Singh P.W. 4, and various other Custom Officials under the supervision of Shri Piara Singh, Customs Superintendent P.W. 2, intercepted a truck bearing registration No. H. R. U. 2058 near Radha Swami Hospital on G. T. Road, Beas, while the truck was on its way towards Amritsar from Jalandhar side and on the search of the truck, 11 bags, in all weighing 3.5 quintals opium were found kept concealed under crates of rum which were also recovered from the truck. At that time, appellants Kulwant Singh and Ajit Singh were sitting in the truck while accused Dalbir Singh (since deceased) was driving the same. As the accused-appellants could not produce any permit or licence for the possession of the opium, 33 samples of 10 grams each were separated from the total quantity of opium and the samples and the remaining opium were sealed and the various other articles, including the crates of rum also taken into possession vide seizure memo Exhibit P. A, attested by Inspector Sandeep Singh. Custom Superintendent Piara Singh as also the prosecution witnesses Joginder Pal and Rajinder Kumar. Kulwant Singh. Dalbir Singh and Ajit Singh then made statements Exhibit PB to PD before Piara Singh Custom Superintendent in which they, inter alia admitted that the opium had been recovered from them, whereas Kulwant Singh also disclosed that one Diwan Singh was also associated in the smuggling of opium and that it had been purchased from Mahmood Alam Pardhan of U.P. and that Surjan Singh and Sahib Singh were also partners in the transaction. During the course of investigation. Diwan Singh was also arrested and his statement too was recorded, whereas accused Mahmood Alam, Surjan Singh and Sahib Singh could not be arrested and were ultimately declared proclaimed offenders and could not be brought to trial vide Court order dated 15-1-1988. The samples of opium seized from the possession of the appellants were sent to the Chemical Examiner for analysis, who vide report Exhibit PH found that the samples were of opium. On completion of the due formalities, a regular complaint was filed by the Assistant Collector Customs against Kulwant Singh, Ajit Singh, Diwan Singh as also against Dalbir Singh (since deceased). Dalbir Singh, however, died during the course of the trial and on the aforesaid allegation, a charge-sheet was framed against the three accused and they pleaded not guilty and claimed to be tried.

(3.) To substantiate its case, the Custom Department examined Inspectors T. R. Kaushal P.W. 1. Sandeep Singh P.W. 4. Shri Piara Singh, Customs Superintendent, P.W. 2, and H. K. Kaushik P.W. 3, the Customs Inspector Incharge of the Malkhana.