AJAY MALIK Vs. STATE OF U.T.

JUDGEMENT

(1.) I . An alleged incident, varying perceptions and court verdict 15.12.2003. The vernacular and the English Newspapers had the public riveted to a story of one of the alleged biggest drug hauls in the recent police history from two prominent citizens of Chandigarh and a domestic servant. The news kept the people in disbelief and revulsion and the press got the story going for nearly a month. 13.12.2003 and 14.12.2003 were the days of reckoning for the Police, U.T., Chandigarh, for, what according to them, their vigilance paid and it was an occasion of pride and exultation. 13.12.2003 and all the days following were horror and disaster to accused, outwardly at least, when, according to them, they were hounded and prosecuted on trumped up charges.

(2.) NEITHER theatricals nor public opinion shall matter in a big way when a judicial rendition is sought on the forensic application of evidence and law in a given case to find whether the persons that were brought to the dock have been proved to be guilty of the offences attributed against them beyond reasonable doubt. The trial Court affirmed aye to the charge-sheet, finding all the accused guilty of offences under Section 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act") and sentenced them individually to 10 years rigorous imprisonment plus Rs. 1.25 lacs as fine and in default, one and half years rigorous imprisonment for offence under section 18 of the Act. The accused were also found guilty of offence under section 20 of the Act and similar sentence awarded under Section 20 was directed to run concurrently. The accused have been incarcerated since 14.12.2003 till date, save for temporary reprieves for A1 and A2 obtained through parole. All the three accused aggrieved by the judgment of the Special Judge, Chandigarh in NDPS Case No. 26 of 08.03.2004/2006 rendered on 14.07.2006 are in appeal. II. Scope of present appeal

(3.) THE prosecution story unfolds thus : On the intervening night between 13.12.2003/14.12.2003, SI Balwan Singh, Operation Cell (PW-3) along with HC Charan Singh, HC Brij Raj, C. Rajinder Singh, C. Kulwant Singh, Inspector Vijay Kumar and SI Pala Ram were on Government vehicle bearing registration No.CH-01-G-9610 driven by C. Gurmeet Singh on patrolling duty. On reaching the 'light point' at Sector 20/21, Chandigarh, a person by name Deepak Kohli (PW-4) met them and while they were talking, a secret information was received that Ajay Malik, Devinder Singh and Ling Raj, accused A1 to A3 and who are appellants respectively, were coming in a Lancer car bearing No. CH-03-F-9988 from Labour Chowk to the light point of Sector 20/21, Chandigarh and they were in possession of big quantity of opium and charas. The informer had also informed that the accused had rented out a house in No. 2222, Sector 21, Chandigarh where they packed opium and charas after weighing them in equal quantities for commercial use, for sale. This secret information was reported to have been reduced to writing (Ex.PD) and informed to the DSP, Operation Cell through C. Rajinder Singh (PW-10).