MOHD ASHIQEEN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment dated 12th October 2000 and order dated 22nd November 2000 respectively, passed by the learned Principal Sessions Judge, Jammu in a case titled as State vs. Mohd Ashiqeen & Ors filed under sections 21,23,27 -A and 28 of Narcotic Drugs and Psychotropic Substances Act ( for short the Act) in a case File No. 145/Challan of 1997 whereunder and whereby appellant -accused namely, Mohd Ashiqeen came to be convicted and sentenced under sections 20 and 23 of the Act.

(2.) A charge sheet -complaint came to be filed by the Intelligence Officer DRI Amritsar before the trial court with the allegations that a specific information was received through reliable source which was reduced into writing and set the Intelligence Officers of the Directorate of Revenue Intelligence in motion. A Naka was laid on 4th of September 1997 during the night at the BOP Jabowal in R.S. Pura Sector Jammu headed by Mr. I.P.Singh,Joint Assistant Director (J) of BSF Jammu and Mr. G.S. Kapoor, Senior Intelligence Officer (SIO), Directorate of Revenue Intelligence, Amritsar at 10.30 p.m.the movement of two persons was noticed who had crossed the border from Pakistan. On being challenged, they tried to run back to Pakistan. BSF Naka party opened fire and one out of the two persons was apprehended with the black coloured bag and another escaped in the darkness. The apprehended person disclosed his identity as Mohd Ashiqeen. He was brought to BOP Jabowal, situated at a distance of 500 yards from the place where he was apprehended. He was given option under section 50 of the Act in writing by Mr. G.S. Kapoor, Senior Revenue Officer in presence of two independent witnesses namely Shri Roshan Lal and Prem Singh. A search was conducted in presence of Shri G.S. Kapoor, Senior Intelligence Officer and two witnesses. As a result of search Rupees Nine of Pakistan currency denomination of Rs. 5/ - one note and four notes of Rs. 1/ -demonination and a Visiting Card of Mr. Shahid were recovered. Panchnama was prepared on 4/5 September 1997. Recovery of five packets was made from the bag marked as P1 to P5. Brown powder giving sharp smell was found in the packets. Drug testing kit was used and it showed that each packet was found 1.05 Kgs gross and 1 Kg net and Total gross weight of 5 packets was 5.25 Kgs and net 05 Kgs. Seizure of 5 packets, Rs. 9/ - and one visiting card was also effected. . Five samples in duplicate of five grams each were taken from these five packets and were kept in polythene bag and then kept in a white paper envelope and pasted and sealed with seal of Revenue Intelligence bearing the signatures of two independent witnesses and accused Mohd Ashiqeen. Accused after his arrest disclosed the names and identity of the persons who had to take the delivery of the recovered heroin and in follow up action accused Dildar Ahmad alias Dillon and Som Nath were apprehended at the Bus Stand, Jammu in the morning of 5.9.1997.

(3.) AFTER completion of formalities the challan was produced before the trial court. Som Nath accused was discharged. Other two accused were tried. The trial resulted in the conviction of the accused -appellant and acquittal of Dildar Ahmad.