PARSHOTAM LAL Vs. STATE

JUDGEMENT

(1.) JUDGMENT :- The appellants in these three appeals stand convicted for having committed offences punishable under Sections 20 and 22 of the Narcotics Drugs and Psychotropic Substances Act 1985. They have been directed to undergo rigorous imprisonment for a period of 10 years and pay a fine of rupees one lakh each. In default of payment of fine they are to further undergo rigorous imprisonment for a period of two years each. They were also convicted under Section 22 of the Act of 1985 and each of them were to undergo rigorous imprisonment for a period of 10 years and to pay a fine of rupees one Lakh each. In default of payment of fine they were to further suffer rigorous imprisonment for two years. Both the sentences were to run concurrently.

(2.) The prosecution story in brief is that on 6-8-1989 at 6 p.m. Parshotam Lal appellant was standing under Balol Bridge near Miran Sahib, Tehsil R.S. Pura, Jammu. Chaman Lal appellant was also there. They were found standing therein supicious circumstances. Officials of the Customs Department and the department of Intelligence Bureau had prior information regarding some illegal activities of certain persons. When these officials reached near Balol Bridge, appellant Parshottam Lal and Chaman Lal tried to run away. They were apprehended by the Customs Officials. On search of Parshotam Lal, appellant 1 Kg. of Heroin was recovered. Both of them were taken into custody, Chaman Lal appellant made a statement that he had purchased the seized heroin from one Darshan Singh appellant herein. It is the prosecution case that on next day the custom party took Chaman Lal appellant to the residence of Darshan Singh appellant. His residential house is situate at Sanjay Nagar, Digiana, Jammu, Darshan Singh appellant was not found in the house. The customs authorities along with Chaman Lal proceeded towards Bari Brahmana on Jammu Pathankot National Highway. Near Army Camp they found the appellant Darshan Singh coming from the opposite direction. He was on a horse cart. He was stopped there by the customs officers. They through Chaman Lal introduced themselves as the prospective purchasers of Heroin. After Darshan Singh appellant was got convinced with the Customs Officers as the prospective purchasers, he told them to reach his house. At about 10.40 a.m. on 7-8-1989 Darshan Singh appellant reached his house. Meantime the Customs Authorities had cordoned the residence of appellant Darshan Singh, Darshan Singh wanted the amount in advance. The Customs Officials however, convinced him that they would first like to see the sample. If the quality is good then they would make further purchase. Initially Darshan Singh was reluctant but he was pursuaded at least to give the samples. The appellant informed the Customs Officials that the heroin is lying in an Almirah. On this information being available to the Customs Officials a signal was given to the staff deployed by the Customs Department. All of them entered the house. They disclosed their identity. Darshan Singh appellant was nabbed. Three packets of Heroin weighing 3 Kg was seized from the shelf of the Almirah. This Almirah was in the wall of the room. The seizure memo was prepared on the spot. The appellant is said to have confessed his guilt and made a statement before the Customs Officials. This in nutshell is the prosecution story.

(3.) With a view to support this version, the prosecution examined 11 prosecution witnesses, namely, PW 1 Sadhu Singh, the then Superintendent Customs, (2) PW Subash Trisal, Inspector Customs, (3) PW Ajay Kapai Inspector Customs (4) PW Bachan Lal, constable Customs (5) PW Bhupinder Singh, Inspector Customs, (6) PW Yogesh Chander Inspector Customs; (7) PW G.M. Sharma, Inspector Customs (8) PW Kuldeep Singh Constable Customs, (9) PW Rajinder Nath, Havalda, (10) PW Swaran Lal Constable Customs and (11) PW S.K. Razdhan, Scientific Assistant, Forensic Science Laboratory, Jammu.