SURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeals, therefore, these are taken up together and disposed of by a common judgment.

(2.) These appeals have been instituted against the judgment and order dated 17.05.2017 rendered by the Additional Sessions Judge-cum- Judge, Special Court, Amritsar, in Sessions Case No.387 of 2015. The appellants along with co-accused Sukhdev Singh were charged with and tried for offences punishable under Sections 307 read with Sec. 34 of the Indian Penal Code (in short 'IPC') and Sec. 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). All the appellants were charged and tried with for offence punishable under Sec. 29 of the NDPS Act. Appellant Rajeef Mohammad was also charged under section 25 of the Arms Act. Co-accused Sukhdev Singh was also charged and tried with offence punihsbale under Sections 21(c) and 25 of the NDPS Act and section 25 of the Arms Act. The appellants along with co-accused Sukhdev Singh were convicted and sentenced as under:- <FRM>JUDGEMENT_38_LAWS(P&H)5_2019_1.html</FRM> All the sentences were ordered to run concurrently.

(3.) The case of the prosecution in a nutshell is that on 01.06.2015 Inspector Gurinder Pal Singh was present in his office of Counter Intelligence, Amritsar. He received a secret information that Sukhdev Singh, Surmukh Singh and Avtar Singh @ Tar were in very close contact with the Pakistani smugglers. They with the help of Pakistani smugglers, took consignments of the heroin, fake Indian currency notes, arms and ammunition to supply the same in India and in other countries. Two Pakistani smugglers have entered illegally in India along with the consignment of heroin, arms and ammunition. They used to reside in the house of Sukhdev Singh. These Pakistani smugglers were helping Sukhdev Singh, Surmukh Singh and Avtar Singh @ Tar in the smuggling activities. Informer also disclosed that on that day Sukhdev Singh and Surmukh Singh on the swift car white colour, bearing No.PB-10-DS-4298, Avtar Singh @ Tar on his motor cycle bearing No.PB-02-BG-4252 along with two Pakistani Muslim smugglers with the consignment of the heroin, arms and ammunition along with drug money were present at Amritsar-Jalandhar Road, near New Amritsar, at T-point Housefed Colony, near water tank. If raid was conducted, they could be apprehended. Information being credible, Inspector Guridner Pal Singh informed Sh.Ashwani Kumar, PPS, AIG, Counter Intelligence, Amritsar. After receiving instructions from AIG, Inspector Guridner Pal Singh along with his police party reached at Amritsar-Jalandhar Road, Inside New Amritsar, T-point Housefed Colony, new water tank turning. One white colour swift car was parked there. On seeing the police party, the occupants of the car were alarmed. When the police party tried to apprehend them, the person wearing salwar kameez sitting next to the driver seat, pointed the revolver towards police party with an intention to kill them. However, ASI Inderdeep Singh snatched the revolver from him. The person who was on the motor cycle fled away from the spot. Accused disclosed their identities. Inspector Gurinder Pal Singh apprised them about their legal right to be searched in the presence of a gazetted officer or a Magistrate. They opted to be searched in the presence of a gazetted officer. Accordingly Inspector Gurinder Pal Singh requested Sh.Ashwani Kumar, PPS, AIG, Counter Intelligence, Amritsar through mobile phone to come to the spot. As per instructions of Sh.Ashwani Kumar, AIG, Inspector Gurinder Pal Singh conducted search of accused Sukhdev Singh. He was sitting on the backside of driver seat. He had kept one bag of black colour on his lap. On checking the bag, one transparent polythene envelope containing heroin was recovered. It weighed 2 kg. 500 grams. Out of the same, two samples of 5 grams each of heroin were drawn. These were marked as S-IA and S-IB. The bulk quantity, i.e. 2 kg. 490 grams was put in separate plastic container. It was marked as Mark I. Inspector Gurinder Pal Singh affixed his seal 'GPS' on all the parcels. Ashwani Kumar, AIG also affixed his seal 'AK' on all the parcels. Form M- 29 was filled on the spot. Inspector Gurinder Pal Singh conducted search of the vehicle. One bag of black colour was recovered from the dicky of car. It contained Indian currency. The same was found to be Rs.65 lacs. It was drug money. Separate parcels were prepared. It was marked as Mark II. He also put his seal impression 'GPS'. AIG Ashwani Kumar also put his seal bearing impression 'AK' on the said parcel. One .315 bore rifle along with five live cartridges was recovered from the dicky of car. It was converted into parcel. It was marked as Mark III. Inspector Gurinder Pal Singh and AIG Ashwani Kumar put their respective seals 'GPS' and 'AK' on the same. . 32 bore revolver was also recovered from accused Rajeef Mohammad. Five live cartridges were also recovered from .32 bore revolver. These were converted into parcel. Seal impressions 'GPS' and 'AK' were put. The car was also taken into possession. The seal after its use was handed over to ASI Inderdeep Singh by Inspector Gurinderpal Singh whereas Ashwani Kumar, AIG, kept his seal with him after using it. Ruqa was sent to SSOC, Amritsar. FIR was registered. Rough site plan of place of recovery was prepared. Inspector Gurinder Pal Singh handed over three parcels containing heroin along with sample seals, Form M-29 to SHO/Inspector Harvinder Pal Singh. He checked the seals of parcels and also affixed his seal bearing impression 'HS'. He also put his seal on Form M-29. On 02.06.2015 SHO Harvinder Pal Singh handed over the custody of accused to Inspector Gurvinder Pal Singh along with three parcels, specimen seals, Form M-29 after taking out from the double lock of Malkhana. He accordingly produced the same before the Illaqa Magistrate. 5 grams heroin was drawn as representative sample from the bulk parcel after breaking the seals. Representative sample was sealed with seal 'SPS' and 'GPS' and bulk parcel was resealed with seal 'SPS' and 'GPS'. The case property was produced before the SHO. He kept the same in the double lock of Malkhana. Seizure report was sent to AIG Ashwani Kumar. On 03.06.2015, bulk parcel marked as Mark I sealed with seal 'SPS'/'GPS' along with one sample parcel marked as S-IB sealed with seal GPS/AK/HS and one representative sample parcel sealed with seal SPS/GPS were deposited in judicial malkhana as per orders of the Illaqa Magistrate. Accused Sukhdev Singh made disclosure statement. Accused Surmukh Singh also made disclosure statement that he had kept money in the drawer of bed. Money was got recovered. Accused Rajeef Mohammad and Mohammad Aakab Khan made disclosure statements. They disclosed that on the intervening night of 20/21.05.2015 they had crossed the Indo-Pak border with the help of waterproof plastic kit. They crossed the border by swimming the river at village Bal Labhe Darya, Police Station Ramdas. They had kept the said waterproof plastic kit concealed. They got the kit recovered. Rough site plan of recovery was prepared. Sukhdev Singh disclosed that he along with his companion Pargat Singh, Avtar Singh and Surmukh Singh in connivance with each other used to smuggle consignments of heroin from Pakistan to be supplied in different cities in India. He could got the phones recovered. Thereafter five mobile phones, i.e. 4 of Samsung and 1 of Nokia were got recovered. Rough site plan was prepared. Rajeef Mohammad and Mohammad Aakab Kahn also disclosed that they had kept concealed one mobile phone containing Pakistani SIM in a black polythene. They could get it recovered. They got it recovered by removing soil from the designated place. One mobile phone make Nokia containing Pakistani SIM was taken into possession. Rough site plan was prepared. Surmukh Singh also suffered disclosure statement that he used to take heroin from Sukhdev Singh. He used to sell the same through mobile phone. For weighing the heroin, electronic kanda and mobile phone were kept concealed by him in the kitchen. The same were got recovered from the kitchen. Sukhdev Singh also deposed that he had purchased two laptops. He could get the same recovered. Two laptops make of HP and ASUS of grey and black colour were got recovered. Recovered property was deposited with the MHC. Investigation was completed. Challan was put up after completing all the codal formalities.