NIRMAL SINGH PEHLWAN Vs. INSPECTOR CUSTOMS

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 25.10.2002 passed by the Court of learned Special Judge, Amritsar, whereby he convicted and sentenced Nirmal Singh @ Nimma accused/appellant to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of the same, to further undergo rigorous imprisonment for two years under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act').

(2.) AS set up by the prosecution, on 4.1.1999, a joint Naka (picket) consisting of Customs Preventive Staff, Punjab Police, Ajnala and CIA Staff, Majitha was set up at T-crossing near Saki Bridge, Ajnala. Around 9.30 A.M., a dark green Maruti Car bearing registration No. PB-02-P-5595 came from Bulerwal side and was signalled to stop by the members in the Naka party. When the car came to halt, two occupants made good their escape by taking advantage of the thick fog, though they were given a hot chase. The third one Nirmal Singh was apprehended. Prem Singh, superintendent disclosed his identity to the accused. He was told that he was suspected to be in possession of narcotics and he should tell whether he wanted to be searched before a Gazetted Officer or a Magistrate. He offered to be searched in the presence of a Gazetted Officer. Khazan Singh and Sarup Singh, public men were called. On search, two packets of brown powder lying on the thighs of the accused were recovered. The place being unsafe and unsecured due to thick fog, the accused along with the above mentioned packets as well as Maruti Car were brought to the Police Station, Ajnala. On testing, the contents of recovered powder with the aid of drug testing kit, the same was found to be heroin. When weighed, the contents of each bag came to 1 kg. Two representative samples of 5 grams each were lawn from each packet after homogenizing it. These samples and the residue were converted into parcels which were sealed with the seal No. 108 Customs Division, Amritsar. A photostat copy of the registration certificate showing one Baljit Singh Bajwa son of Kabul Singh Bajwa of New Majitha Transport company, Amritsar, to be the registered owner of the above mentioned car as well as Insurance Policy of the Car were also recovered. The specimen seal impression of the aforementioned seal was prepared. All the parcels were seized vide recovery memo. The accused were informed about the grounds of arrest. Special Report under Section 57 of the Act was sent to the Senior Officials of the department. The accused in his, volutnary, statement dated 4.1.1999 tendered before Prem Singh (sic) without any threat, pressure, duress, coercion, promise or influence, admitted the factum as well as mode of recovery. The accused was informed that such statement can be read in any Court of law as evidence against him. The accused, along with the case property and 4 representative samples were produced before Mr. Arunvir Vashisht, Judicial Magistrate Ist Class, Amritsar on 5.1.1999. Both the packets of heroin sealed with the above mentioned seal were further put,in one tin box, locked and wrapped in cloth and further sealed with the afore- referred seal and deposited with Jasbir Kaur, Incharge Malkhana Customs House, Amritsar. The afore-referred Car was deposited with Ram Kumar Inspector, Headquarters, Customs House, Amritsar. On receipt of laboratory's report, complaint under Section 21/22 of the Act was lodged in the Court. The accused was charged under Section 22 of the Act, to which he did not plead guilty and claimed trial.

(3.) WHEN examined under Section 313 of the Code of Criminal, Procedure, the accused came up with the following plea :