SABRULLAH Vs. ASSISTANT COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 16.8.2001 of the learned Additional Sessions Judge-cum-Special Judge, Amritsar whereby he convicted Sabrullah son of Mohamad Alam alias Ilham, resident of Kapisa City Kabul, Afghanistan under Sections 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as "NDPS Act") and sentenced him to undergo 18 years rigorous imprisonment and to pay a fine of Rs. one lac each under Sections 22 and 23 of the NDPS Act, in default to further undergo rigorous imprisonment for three years. Both the sentences were ordered to run concurrently.

(2.) SH . Balwinder Singh PW1, Inspector Customs, Raja Sansi Airport, Amritsar, filed a complaint Ex.PG in the Court of Addl. Sessions Judge, Amritsar wherein he stated that he was filing the complaint in his official capacity as a public servant. He stated, that the accused is an Afghan national. On 26.6.1998 the accused landed at Raja Sansi Airport by flight No. FG-306 of Ariana Afghan Air Lines. It was about 10 p.m. The accused came at the Customs Counter and gave his baggage i.e. one small bag and three large bags for customs clearance. The accused was feeling a bit nervous. The complainant became suspicious and he informed his senior officers. He asked the accused as to whether he wanted to be searched by any Magistrate or Gazetted Officer of the Customs Department. Option memo was prepared, which was thumb marked by the accused. Shri Surjit Singh PW5, Superintendent Customs was called. Subheg Singh and Kailash independent witnesses were also called. On the search of the baggage, 500 cartons of cigarettes of Seven Star quality containing 5000 packets of cigarettes were recovered. Out of 5000 packets of cigarettes, brown/white powder of heroin was recovered from 206 packets of cigarettes. 160 packets of cigarettes were containing white powder. Thereafter he divided them into eight lots bearing No. 1 to 8. The total weight of these lots was 8 Kg. 370 grams. Similarly brown powder heroin was recovered from 46 packets. It was divided into two lots of 23 packets each. The weight of the heroin recovered from 46 packets was 1 Kg. 880 grams. The brown and white powder heroin was tested with the Drug Testing Kit, which gave a positive result. The total worth of this heroin in the market was Rs. 47,26,000/-. Thereafter all the lots were made homogeneous. Two samples each, weighing approximately 5 grams were drawn from each of the ten lots of brown/white powder heroin. All the samples were sealed in a polythene bag, with seal No. 120 of the Customs Division, Amritsar. The remaining consignment was put in 10 bags of white cloth, which was later on put in a tin box. Tin box was also sealed and wrapped in a white cloth. The heroin was taken into possession. On 27.6.1998, accused made a voluntary statement without any threat, inducement or promise before the Superintendent Customs Sh. Surjit Singh PW5. On 28.6.1998 10 packets of samples marked L1 to L10 were handed over to Sanjiv Parbhakar PW2, Inspector Customs, Amritsar to deposit in the office of Chemical Examiner, New Delhi and these samples were deposited on 29.6.1998. The remaining bulk of heroin and samples were deposited in the Malkhana Customs House, Amritsar on 30.6.1998. The report of the Chemical Examiner, Govt. of India was that the powder sent, was containing diacetylmorphine (heroin).

(3.) APPELLANT also produced two witnesses Sushil Rajan DW1, ACIO-II (General), Immigration Cell Raja Sansi Air Port and Tejinder Singh DW2, Inspector Customs, Raja Sansi Air Port.