(1.) Gurmej Singh son of Thakur Singh has filed the present criminal appeal and it has been directed against the judgment and order dated 6-5-1994 passed by the Court of learned Sessions Judge, Ferozepur, which convicted the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act) and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lack. In default of payment of fine the appellant was further directed to undergo rigorous imprisonment for a period of 3 years.
(2.) The brief facts of the case are that on receipt of a secret information on 13-1-1988 at 10.30p.m. Customs, Staff, Ferozepur headed by V. K. Mahajan PW1, G.K. Verma, Inspector Customs, Y.P. Chhiber, Superintendent Customs PW2, Faquir Chand, Assistant, B.S.F., Inspector Daljit Singh, B.S.F. and other Constables of Customs and B.S.F. raided the residential premises of Darshan Singh son of Phuman Singh resident of Gazniwala. Mohinder Singh accused (since dead) along with Gurmej Singh (Present appellant) and Gurdip Singh (since acquitted) were present in the house. The room in which the accused were sitting was searched and from that room 15 slabs of Charas was recovered. The persons of all the accused were also searched and from the personal search of Mohinder Singh (since dead) 12 bore country-made pistol along with six live cartridges was also recovered. On enquiry, all the above-said accused confessed having brought said 15 slabs of Charas and one. 12 bore pistol along with so live cartridges from Pakistan on 13-1-1988. The entire Charas was weighed and it came out to be 16 kilograms. From each slab, two samples weighing 20 grams each were drawn. Out of the two sets of samples, one set was sent to the Chemical Examiner, New Delhi under registered cover and insured parcel and the other set was kept by the Customs Staff and was later on deposited in the Malkhana. At the time of drawing the samples, the remaining bulk of Charas was sealed with the seal No. 43. The above said articles i.e., the Charas and the pistol along with cartridges were taken into possession vide recovery memo Ex. PA. Grounds of arrest were disclosed to the accused. Ex. PB is the memo of arrest regarding Gurdip Singh, Ex. PC is the memo of arrest regarding Mohinder Singh accused (since dead), while Ex. PB is the memo of arrest regarding Gurmej Singh appellant. V.K. Mahajan PW1 sent report in Form D.R.I. to the senior officers vide Ex. PE. He also recorded the confessional statement Ex. PF of Gurmej Singh appellant in the presence of Y.P. Chhiber PW 2. Gurmej Singh appellant confessed that he had gone to Pakistan by crossing the Indo Pak border on 9-1-1988 along with Mohinder Singh (since dead) and Gurdip Singh accused and that in Pakistan they had met Sheru and, Mukhtiari who had provided them shelter in a sugarcane field and they stayed at Pakistan for four days. The appellant further confessed that on 13-1-1988 they left Pakistan for India and they had brought the recovered Charas by keeping it in a Parna. Before recording his statement V. K. Mahajan conveyed to him the provisions of Section 108 of the Customs Act. After recording the statement of Gurmej Singh/appellant, V.K. Mahajan recorded the statement of Darshan Singh, owner of the house, which is Ex. PG, in which he admitted that he had no knowledge about the Charas. Inventory of goods seized was also prepared by V.K. Mahajan vide Ex. PH. The representative samples Ex. P8 to Ex. P22 were drawn in the presence of Mr. T.R. Bansal, Judicial Magistrate, 1st Class, Ferozepur, report Ex. PK was received from the Chemical Examiner and after the completion of the investigation, complaint Ex. PL was filled in the Court under Section 20 of the Act.
(3.) The appellant was chargesheeted under Section 20 of the act to which he pleaded not guilty and claimed a trial.