MOHD. RAMZAN KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is alleged by the prosecution that Mohd. Ramzan Khan, a Pakistani National, came to India by the Lahore Express on July 30, 1987 at 9.40 P.M. After completion of health and immigration formalities, the movements of the accused became suspicious. Shri K.K. Sharma, Customs Inspector was directed by Shri Baldev Singh, Superintendent to check the baggage of the appellant in the presence of witnesses. On search of his baggage, in the presence of Ashok Kumar and Sukhdev Singh a polythene bag containing some brown powder was recovered. The appellant told the Inspector that it was heroin meant for delivery at Bombay. Items of clothes were also searched and three slips containing addresses of persons in Bombay and Karachi were found. The heroin and the three slips were taken into possession through a recovery memo. Thereafter a Panchnama giving the details of the recovery was prepared and the same was attested by the witnesses and the accused. The statement of the appellant was recorded by the Superintendent Shri Baldev Singh. Before the recovered heroin was sealed, three samples were taken out. One of these samples was sent to the Chemical Examiner and a telegraphic test report was received on August 14, 1987 confirming that the sample was of diacetylmorphine or heroin. It was on these facts that Assistant Collector of Customs Shri S.S. Sekhon presented the complaint before the Chief Judicial Magistrate, Amritsar on August 21, 1987 who committed the case to the Court of Sessions.

(2.) CHARGE -sheet under Sections 21 and 23 of the Act was framed against the appellant who pleaded not guilty to the same and claimed trial.

(3.) AFTER trial, the appellant was convicted under Sections 21 and 23 of the Act and sentenced as under :-