NOOR AGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Noor Aga i s an Afghan national. Vide impugned judgment of learned Special Judge, Amritsar dated 7.6.2000, he stands convicted under sections 22 23 of the Narcotic Drugs and Pychotropic Substances Act, 185 (for short the 'Act') for allegedlyfound in conscious possession of 1 kg 400 grams heroin (net w t in22 pakets) on 1.8.1997 when intercepted by the Custfedfdfdfdsffdoms officials at Raja Sansi Airport, Amritsar. In fact the appellant was one of the crew members of Ariana Afghan Air Lines. He has now been sentenced to undergo RI for ten years and to pay a fine of Rs 1 lac under section 22 of the Act, in default thereof to further undergo RI for three years; for the same period on both the counts under section 23 of the Act also including the sentence for default clause. However, both the sentences are ordered to run concurrently. Aggrieved by the judgment of conviction and sentence, he has preferred the instant appeal. Shorn of unnecessary details, the case of the prosecution is that on 1.8.1997, at about 6 PM, Ariana Afghan Air Lines landed at Raja Sansi Airport. The appellant presented himself for custom clearance along with luggage being carried by him which included one carton containing grapes. The said carton had two layers. This created suspicion in the mind of PW1 Inspector Kulwant Singh of Customs House. He asked the appellant as to whether he was carrying any contraband or any other suspicious item to which he replied in negative.

(2.) However, Kulwant Singh PW asked him as to whether he wanted to get his search conducted in the presence of a Magistrate or a Gazetted Officer of the Customs Department. Through his option Ex. PA in writing, he intended his search to be conducted before Gazetted Officer of the Customs Department. Thereafter K.K.Gupta, Superintendent of Customs Department (PW2) and two independent witnesses Mohinder Singh and Yusaf were called. The consent memo was attested by aforesaid K.K.Gupta and Inspector Kulwant Singh. K.K.Gupta also disclosed his identity to the appellant as of Gazetted Officer of Customs Department. The carton was checked in which layers of the walls were separated from other layers. 22 packets of polythene containing white powder were recovered. The material was tested with the drug testing kit already with the Customs officials and found it to be heroin. The total gross weight of the heroin was 1460 grams whereas the net weight was 1440 grams. Three homogeneous representative samples from each bags in small quantity were taken. They were of 5 grams each. Sample and the remaining bulk were sealed with the seal bearing No. 122 of the Customs Division. The empty card Board carton in which the heroin was concealed was also sealed with the seal bearing No. 122 of the Customs Division. The remainder of heroin was taken into possession vide recovery memo Ex. PB. It was signed by the appellant and attested by aforesaid independent witnesses, namely Mohinder Singh and Yusaf. A Panchnama Ex. PC was also prepared by Inspector Kulwant Singh and it was signed by the appellant. It was also signed by the aforesaid Mohinder Singh and Yusaf. Jamatalashi Ex. PE was also prepared which was signed by him. Sample seal was also prepared at the spot. The sample and the bulk were kept with the Assistant Inspector Customs, Raja Sansi.

(3.) On 2.8.1997, the appellant made a voluntary statement Ex. PF in his own hand and signed each page. It was also signed by aforesaid K.K.Gupta, Superintendent Customs. On 4.8.1997, the appellant made another voluntary statement Ex. PG in question answer form written by Inspector Kulwant Singh. That too was signed by the appellant. A certificate Ex. PG/1 was also given by the appellant to the effect that on his request and dictation, the aforesaid statement was written by Inspector Kulwant Singh.