SUKHJINDER SINGH Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) By this common judgment, we shall dispose of three connected Criminal Appeals bearing CRA-D-506-DB-2011, CRA-D-512-DB-2011 and CRA-D-525-DB-2011, filed by Sukhjinder Singh son of Baljinder Singh, his father Baljinder Singh son of Darshan Singh and John Kennedy Uzoigwe son of Uzoigwe against the judgment of conviction dated 29.3.2011 and order of sentence dated 31.3.2011 passed by learned Judge, Special Court, Chandigarh, vide which, accused-appellants were convicted under Section 21(C) read with Section 8 of Narcotic Drugs and Psychotropics Substances Act, 1985 (for short, "NDPS Act") and sentenced to undergo Rigorous Imprisonment for 12 years and fine of Rs. one lakh each, in default thereof, to undergo further RI for one year each.

(2.) Facts of the case are that on 10.12007 at about 12 noon, Hardesh Kumar, Intelligence Officer of Narcotic Control Bureau, Chandigarh, Zonal Unit (for short, "NCB") received a secret information (Ex.P28/A) to the effect that three persons, which includes one Nigerian are involved in drug trafficking and they are likely to make a deal of "Heroin" near roundabout of Sectors 43-44, Chandigarh at about 230 hours in a Maruti Swift steel grey colour car bearing registration number UA-07-T3804. The information was reduced into writing and put up before Balwinder Kumar, Superintendent, NCB, who directed the Investigating Officer to constitute a team and undertake surveillance operation. Thereafter, Investigating Officer obtained search authorization (Ex.P3) from the Superintendent, NCB. Thereafter, a team comprising of Ganesh Baluni, Intelligence Officer, Gurdas Ram, Intelligence Officer, Gurdev Singh, Driver, Rajesh Kumar Sepoy, Ramesh Kumar Sepoy and Balwinder Singh Sepoy, including Hardesh Kumar was constituted and proceeded towards roundabout of Sectors 43-44, Chandigarh. Near bus stand Sector 43, Hukam Chand and Iqbal residents of village Khuda Alisher were joined as independent witnesses, after issuing them due notices under law. At about 9.00 p.m., a Naka was laid near roundabout of Sectors 43-44, Chandigarh towards the side of Sector 51, Chandigarh. It was noticed that at about 10.30 p.m. a Nigerian national stepped out of an auto and walked towards roundabout of Sectors 43-44. After five minutes, a Maruti Swift car of Grey colour came from the side of Mohali and on reaching near roundabout of Sectors 43-44 slowed down and gave dipper. The said car stopped and Nigerian national stepped into the car from rear door. Thereafter, the person sitting adjoining to the seat of driver, took out a packet underneath the seat and handed over the same to said Nizerian national. The NCB team accompanied by the independent witnesses, immediately surrounded the vehicle. On questioning, it was found that the driver of the car was Sukhjinder Singh aged 26 years and the person sitting by his side was his father Baljinder Singh aged 53 years. Both residents of House No.179, Ward No.3, Shaheed Bhagat Singh Nagar, Machhiwara road, Tehsil Samrala, District Ludhiana. Nigerian national disclosed his identity as John Kennedy Uzoigwe aged 33 years son of Uzoigwe, resident of Nigeria. The NCB team disclosed their identity to all the accused. They were shown the search authorization (EX.P3). Thereafter, notices under Section 50 of NDPS Act (Ex.P24 to P26) were served upon them, which was also witnessed by the independent witnesses Hukam Chand and Iqbal. Accused were given option of search before a Magistrate or Gazetted Officer but accused reposed faith in NCB team. Hardesh Kumar also offered for the search of his person, which was declined by the accused. Thereafter, the search of the car was done, upon which, a backpack (pithu bag) of blue colour was found lying underneath the adjoining seat of driver, where accused Baljinder Singh was sitting. Seven packets containing powder and granule type contents were recovered from the said backpack. One packet was recovered from Nigerian national John Kennedy. In total eight packets were recovered. On questioning Baljinder Singh accused disclosed that the packets contained 'Heroin' and same was purchased by him from a person Chhotu of village Sultanpur for Rs. 35 lakhs and they had come to Chandigarh to deliver the same to Nigerian national for Rs. 40 lakhs. Ganesh Baluni, Intelligence Officer, on the instructions of Hardesh Kumar, Investigating Officer, took out small quantity of suspected material from all the eight packets and carried out test with the drug detection kit. The test was found positive for 'Heroin'. The said packets were weighed and each packet came to one kilogram and thus, total weight of said packets came to eight kilograms. The said packets were taken into possession through recovery-cum-seizure memo (Ex.P4), which was signed by the accused and the independent witnesses. As it was getting midnight and not feasible to undertake further proceedings at the spot, therefore, NCB team along with recovered contraband and independent witnesses left for NCB office situated at House No.80, Sector 2, Chandigarh. The vehicle used by the accused was also brought to NCB office. In the NCB office, all the eight packets were checked and it was noticed that there was no mark on any packet. All the polythene packets were cut opened and entire substance was transferred to bigger polythene packet and then it was mixed homogeneously. Two samples of 5 grams each were taken out from the said homogeneous mixture and put in small polythene pouches and then heat sealed. Thereafter same were put in a white paper envelope. A paper was pasted on the opening side of envelope so that same cannot be opened. Four seals bearing inscriptions "NARCOTICS CONTROL BUREAU-06" were affixed on the four corners of each sample parcel. The residue contraband was kept in polythene bag and also heat sealed and put inside a markene cloth and after sewing, three above noted seals were affixed. Packing material was separately sealed. After use, seals were returned to Balwinder Kumar, Superintendent. Car bearing No. UA-07-T-3804 used in the crime was also taken into possession. Panchnama was prepared. Fascmile of seal was also affixed on the Panchnama. Notices under Sections 67 of NDPS Act (Ex.P9, Ex.P11 and Ex.P13) were served upon the accused and their statements were accordingly recorded. Thereafter, personal search of the accused was conducted. From the personal search of accused Baljinder Singh, a revolver along with three live cartridges was recovered. From the personal search of Sukhjinder Singh, one revolver along with three live cartridges was recovered. Personal search of accused John Kennedy was also conducted. Intimation regarding arrest of John Kennedy was forwarded to Ministry of External Affairs. Information regarding arrest and seizure under Section 57 of NDPS Act was given to Superintendent NCB, vide Ex.P35, which was received by him. Thereafter, Hardesh Kumar, Investigating Officer along with Gurdev Singh, Driver and Rajesh Kumar, Sepoy went to the house of the accused Baljinder Singh and Sukhjinder Singh in the morning of 11.12007. There two independent witnesses Pinder Singh and Sukhwant Singh were associated after giving them notices (Ex.P38 and P39). After the house search, Panchnama (Ex.P40) was prepared, which was signed by the independent witnesses as well as Balbir Kaur, Karanjit Kaur, Navjit Kaur and Jaskirat Kaur. Accused were also taken to General Hospital, Sector 16, Chandigarh for medical examination and after their medical examination, they were produced before Magistrate on 11.12007 along with the case property. The samples were sent to CRCL, New Delhi through Intelligence Officer Gurdas Ram. Vide test report (EX.P29) contents of the sample parcel were found to be 'Heroin' with the percentage of diacetylmorphine at 36%.

(3.) After completion of investigation, complaint was presented in the Court. Accused were charge sheeted under Section 21 read with 8, Section 27-A and 29 of NDPS Act, to which they pleaded not guilty.