STATE Vs. SARTAZ SINGH

JUDGEMENT

(1.) This is an application seeking condonation of delay of 107 days in filing the leave to appeal application seeking permission of the Court to challenge the judgment of acquittal delivered by the learned Additional Sessions Judge, Kathua ["Trial Court"] in a case titled "State vs Sartaz Singh and ors" whereby the respondents have been acquitted of the charges under Ss. 18/20 NDPS Act, 120 RPC and 3/15 Arms Act. Though, no convincing explanation is tendered for filing the leave to appeal application after a delay of 107 days, yet we would like to go into the merits of the proposed appeal, so that an appropriate opinion is formed with regard to condonation of delay as well as for granting leave to appeal.

(2.) The case put up by the prosecution before the trial Court in brief is that the police of Police Station, Kathua led by S.P, Kathua was conducting investigation in FIR No. 124/2000 under Ss. 120-B RPC and 4/5 E.C Act. The accused Sartaz Singh, who was arrested in connection with the aforesaid FIR, made a disclosure statement to the effect that he had concealed 10 kg heroine, a pistol china made along with 13 live cartridges of the pistol near the house of Mohidner Singh at old Bus Stand, Kathua. The accused Sartaz Singh after making the disclosure statement led the police to the spot and got 10 kgs heroine along with pistol and cartridges recovered. Accordingly, two samples were lifted from the seized heroine. A docket was sent to the police station. FIR was registered at Police Station, Kathua. The Investigating Officer, who was entrusted the investigation, reached the spot, prepared the site plan and also seized the recovered contraband as well as arms and ammunitions. NCB team was also called on the spot. The samples were properly sealed in the presence of witnesses and same were got resealed through Executive Magistrate and sent to CRCL, Delhi. The CRCL report confirmed that the seized item was heroine. The accused Sartaz Singh, during the course of investigation, admitted that huge consignment of heroine weighing 75 kg along with a china made pistol and 13 live cartridges were smuggled from Pakistan by him along with and in conspiracy with other accused, namely Mohd Alam, Lekh Raj and Harminder Singh. The Police did not find any evidence against Mohd Alam, Lekh Raj and Harminder Singh and, therefore, they were not charge-sheeted and the challan was presented in the absence of the accused Mohidner Singh, Manmohan Singh, Davinder Singh and Jameel Singh, who were proceeded under Sec. 512 Cr.P.C vide order dtd. 1/1/2001. The accused Manmohan Singh and Davinder Singh were also discharged by the trial Court and the case proceeded against accused Sartaz Singh and Lakhvinder Singh.

(3.) .With a view to sustain the charge against the accused Sartaz Singh and Sukhvinder Singh, the prosecution produced PW-3 Ajay Singh Jamwal, PW-7 Surinder Kumar, PW-11 Sher Singh, PW-12 Prem Singh, PW-14 Prithpaul Singh, PW-10 Ashwani Kumar and PW-20 Pardeep Sharma, PW-21 Jagvir Singh Sumblia. The statements of accused under Sec. 342 CrPC were also recorded. They denied the recovery having been made from their possession, but chose not to lead any evidence in defence.