SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - Shri Sukhwinder Singh son of Shri Santa Singh has filed the present appeal and it has been directed against the judgment and order dated 5.2.1996 passed by the Court of Additional Sessions Judge, Amritsar, who convicted the appellant under Section 22 of the Narcotic Drugs and Psychotropic Substances Act and 3 of the Indian Passport Act and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac and in default of payment of fine he was further directed to undergo rigorous imprisonment for two years under Section 22 of the Narcotic Drugs and Psychotropic Substances Act. The appellant was further directed to undergo rigorous imprisonment for three months under Section 3 of the Indian Passport Act. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of the case can be summarised in the following manner :- On 24.12.1987 Gurdev Singh, Audit Custom Inspector, Shri K.S. Dhaliwal, Superintendent Custom along with some other officials of the Custom Department and some officials of the Police Department headed by Major Singh, DSP and some C.R.P.F. officials held a Nakabandi on the international border in the area of Udhar Dhariwal. The appellant and one Ghasita Singh (now deceased) entered into the Indian territory from the side of Pakistan. The party which was comprised of police officials, C.R.P.F. officials and Customs authorities arrested both of them. 10 packets containing heroin weighing 10 Kgs. in a bag were recovered from the appellant and 7 packets of brown sugar were recovered from Ghasita Singh deceased. Three samples, each weighing 10 grams, were taken out from every packet, and in this manner 51 samples were drawn. All the samples and 17 packets of contraband were sealed with the seal bearing inscription 'MS' of Major Singh, DSP and the custom seal bearing No. 106. The incriminating goods i.e. heroin/brown sugar were taken into possession vide recovery memos. Ex.P.A. and Ex.PE. It is the story of the prosecution that the case property and the samples were kept by Shri K.S. Dhaliwal, Superintendent Custom. 17 samples of heroin duly sealed with the seal bearing impression 'MS' and Rs.106' were given by Shri K.S. Dhaliwal to Shri Ashok Kumar on 11.1.1988. Ashok Kumar deposited the samples in the Chemical Laboratory, Central Revenues, New Delhi on 13.1.1988. After receiving the report Ex.PX of the Chemical Examiner appellant Sukhwinder Singh was challaned under Section 22 of the N.D.P.S. Act and Section 3 of the Indian Passport Act.

(3.) IT may be mentioned here that Investigating Officer in this case was DSP Major Singh, but unfortunately he had expired and could not be produced by the prosecution. Shri K.S. Dhaliwal, with whom the case property remained from 24.12.1987 to 11.1.1988, was given up as unnecessary.