BASHARAT ALI Vs. INSPECTOR OF CUSTOMS

JUDGEMENT

(1.) BASHARAT Ali alias Arshad son of Abbas Ali and Saugawat Ali son of Mohd. Hussain, both Pakistan nationals, residents of village Bhainiya Daud, Tehsil and District Narowal (Pakistan) have filed this appeal through Superintendent, Central Jail, Amritsar. They were convicted for the offences punishable under Sections 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 3 of the Indian Passport Act, vide impugned judgment dated 5.2.2002 passed by Shri Amarjit Singh Katari, the then Additional Sessions Judge-cum-Judge, Special Court, Amritsar. Each of them was sentenced to undergo RI for a period of 20 years and to pay fine of Rs. 1 lac and in default of payment of fine, to undergo further RI for 3 years under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Each of them was also sentenced to undergo RI for a period of 20 years and to pay fine of Rs. 1 lac and in default of payment of fine, to undergo further RI for 3 years under Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Each of them was further sentenced to undergo RI for one year and to pay Rs. 500/- as fine and in default of payment of fine, to undergo further RI for one month under Section 3 of the Indian Passport Act. All the sentences were ordered to run concurrently vide impugned sentence order dated 5.2.2002. The period already spent in custody was ordered to be set off against the substantive sentence.

(2.) MS . Deepika Verma, Advocate was appointed as amicus curiae to argue the appeal on behalf of the appellants. Mr. D.D. Sharma, Advocate represented the Inspector of Customs, Land Customs Station, Attari Rail, Amritsar complainant/respondent.

(3.) ON 28.8.1997, Basharat Ali made statement, which was recorded by Rajender Singh Inspector. It was made in the presence of G.M. Sharma, Customs Inspector and Shri M.S. Harchand, Superintendent Customs. Saugawat Ali also made statement on 28.8.1997, which was recorded by Rajender Singh, Superintendent and was signed by M.S. Harchand, Superintendent Customs. Both the appellants made statements voluntarily admitting that they had crossed over to Indian territory from Pakistan without valid documents.