MUKHTIAR SINGH Vs. INSPECTOR CUSTOMS FEROZEPUR

JUDGEMENT

(1.) This petition under S.482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as'the Code') relates to quashment of Commitment Order (Annexure-P8) and, the Summoning Order (Annexure-P2).

(2.) In brief the facts, as per the allegations contained in complaint (Annexure-P1), filed by Inspector Customs, Ferozepur, are that on the night intervening 6th/7th May, 1987, Naka Party consisting of N.K. Parkash Chand, Constable A.C. Thimmanna, and Constable Malay Kumar Dass of 28 Bn. B.S.F., Jallalabad, observed few miscreants coming from Pakistan to India. The Naka Party challenged those miscreants. On being challenged, the miscreants opened fire. The Naka Party also fired in self-defence. Inspector Bakhtawar Singh, Coy. Commander, reached the spot, and, on search of the area, eight gunny bags, consisting of 224 packets (weighing one Kg.) containing brown powder (presumably herein), valued at Rs. 11 Crore 20 Lakh, and, one pair of shoes were recovered.

(3.) After withdrawing 896 sample out of 224 packets of heroine, all the samples were duly sealed at the spot. One sample was handed over to B.S.F., and, the second sample was sent to the Chemical Examiner, New Delhi, who, subsequently, found that the sample was in the form of brown powder, which, contained diacetyl morphine, and, was covered under the Narcotic Drugs and Psychotropic Substances Act, 1985. The third sample was kept as Office record, and was deposited with the Customs House, Malkhana, Amritsar, along with eight gunny bags.