ABIR CHAND MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) SOLE appellant; being aggrieved by the judgment and order dated 15.6.2006 passed by the 1st Additional Sessions Judge Cum -Special Judge, Araria in Special Case No. 10 of 1992 (Trial No. 02 of 2005) holding him guilty of offence under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act and inflicting the punishment of rigorous imprisonment for 12 years and fine of Rs. 1 lack, in default to suffer rigorous imprisonment for two years, has preferred this appeal. Prosecution started on the basis of a complaint filed by P.W.8 Paras Nath. According to him on 14.7.1992, a secret information was received by one Sri Bikash Shrivastav, Inspector of Customs, Forbesganj to the effect that appellant had concealed two packets of heroin in his residental room situated in village Terhi Musahari within Forbesganj Police Station in the district of Araria.

(2.) According to the allegation, the aforesaid information was received from a coded informer and said Bikash Shrivastav forwarded the same to the concerned authority under registered cover. The information received was found to be authentic and accordingly said Bikash Shrivastav contacted the Superintendent of Customs (Preventive), Farbesganj for constituting a raiding party and for issuance of search warrant to search the house of the appellant Abir Chand Mehta. The raiding party so constituted proceeding to the village on 14.7.1992 and the appellant was found absence from his house. The raiding party was informed by his father, namely, Hari Charan Mehta (another accused, who died during trial) that his son appellant had gone somewhere else. According to the allegation, search was made in presence of two independent witnesses, namely, Keshan Chand Mehta (P.W.1) and Jiyanand Mehta (P.W. 2) and two packets of heroin, inscribed 1 pound on each packet and marked "Heroin, Tiger Head brand, made in Thailand, 1991, 1992, 100% poisonous, 53000", were recovered from the room of appellant. The total weight of heroin found in two packets was 575 grams valued at Rs. 57,50,000/ -. According to the allegation one letter addressed to appellant and written by one Chandar of Dharan (Nepal) concealed in between the two packets of heroin wrapped in an English daily newspaper "Hindustan Times", was also recovered. In the opinion of the complainant the aforesaid letter dated 13.7.1992 addressed to appellant Abir Chand Mehta clearly showed that the two packets of heroin were sent to this appellant by one Chander of Dharan (Nepal). Said letter was also seized in presence of the witnesses.

(3.) THE material kept in packets was examined before the appellant 'sfather Hari Charan Mehta with the help of kit box, which confirmed that it contained heroin. Four representative samples were drawn from the recovered packets of heroin for chemical analysis and were sealed with the departmental seal in presence of Hari Charan Mehta and the independent witnesses. Packets of heroin and letter dated 13.7.1992 referred to above were seized in presence of the witnesses and Hari Charan Mehta and the seizure list prepared over which Hari Charan Mehta put his thumb impression and the witnesses their signatures. Two samples were sent for chemical analysis and the remaining two packets were kept in the Custom Office at Forbesganj. The Chemical Examiner of Government Opium and Alkaloid Works, Gajipur found the samples to be containing heroin. According to the allegation, the act of smuggling of heroin was within the knowledge of appellant 'sfather Hari Charan Mehta and ultimately the appellant and his father were put on trial and charged for commission of offence under Sec. 22 of the Narcotic Drugs and Psychotropic Substance Act on purported allegation that they were found in possession of two packets of heroin weighing 575 grams. Appellant 'sfather Hari Charan Mehta died during the trial and by order dated 12.11.1997 his trial had abated.