AMARJIT SINGH Vs. SECRETARY TO GOVERNMENT OF PUNJAB

JUDGEMENT

(1.) BY this common judgment the two writ petitions can conveniently be disposed of because facts in both the petitions are identical.

(2.) IT is alleged by the State that on a specific information Customs and Border Security Force Staff, Amritsar held a picket at Madhopur on the intervening night of 4/5.1.1995. At 6.50 hours on 5.1.1995 a suspected vehicle was seen coming from Samba side. When the said truck came close to the Customs party, it was signalled to stop. Instead of stopping the truck, the driver of the truck sped away. It was chased and overpowered near village Malikpur on Jammu-Pathankot Highway at about 7.00 A.M. Two occupants of the truck tried to run away but were apprehended. In view of security reasons, the truck was escorted to Customs House at Amritsar. At Customs House, Amritsar in presence of two independent witnesses, the rummaging of the truck was carried. 24 packets of Brown powder (Heroin) were recovered from the false fuel tank of the truck. The recovered Heroin was tested positively with the drug testing kit in the presence of all. Certain documents were also recovered. 24 packets of Brown powder were bearing certain marks. The packets were separately wrapped after these were weighed besides the samples having been drawn.

(3.) PETITIONER Mukhtiar Singh in his separate statement made voluntarily also admitted that he had been serving with petitioner Amarjit Singh and had been taking him with the truck towards Samba side.