LABH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The abovenamed three appeals are being decided by this common judgment as they have been preferred against the common judgment and order dated 24-2-1999 passed by the learned Special Judge, NDPS Cases, Bikaner in Sessions Case No. 7/96 by which he convicted accused-appellants-Labh Singh, Major Singh and Mangal Singh for the offence under Ss. 8/21, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), accused-appellant-Mohd. Arshad for the offence under Ss. 23 and 29 of the NDPS Act and accused-appellants-Arvinder Singh and Harjeet Singh alias Pappa for the offence under S. 29 of the NDPS Act and sentenced them in the following manner :-

(2.) The facts giving rise to these appeals, in short, are as follows :- On 17-8-1996, P.W. 19 Shri R. K. Jain, who was Intelligence Officer, Directorate of Revenue Intelligence (for short DRI), Jaipur presented a complaint before the Special Judge, NDPS cases (Sessions Judge), Bikaner against the abovenamed accused-appellants stating inter alia that on 22-5-1996, P.W.8 S. Parmeshwaran, Intelligence Officer, DRI, New Delhi received a secret information to the effect that one Labh Singh (accused-appellant), resident of Amritsar would be going to Bombay-via-Bikaner in Truck No. WMQ 3348 (hereinafter referred to as the Truck) with narcotic drugs (heroin) concealed in the subject truck on 22/24-5-1996. That information was reduced into writing by P.W. 8 S. Parmeshwaran and the same is Ex. P/28 and P.W. 8 S. Parmeshwaran forwarded the same in original to his higher officers, who gave instructions to other officers. On the basis of that information, a team under the Chairmanship of P.W. 10 Kuldeep Singh was constituted for raiding that Truck and in that Team, apart from P.W. 10 Kuldeep Singh and other officers of the DRI at Delhi, Officers posted in Regional Office at Jaipur, namely, P.W. 16 Om Prakash, P.W. 17 V. K. Gupta, P.W. 18 T. C. Gupta and P.W. 19 R. K. Jain were also members. That information was also sent to the office of DRI at Bikaner on 23-5-1996. P.W.10 Kuldeep Singh reached Bikaner along with Alok Tiwari, S. K. Ratra, Rajeev Sidana (P.W. 7) and other officers and on that day, two motbirs, namely, P.W. 12 Liyakat Ali and P.W. 13 Mahendra Singh were contacted from Bikaner and they were asked to become motbirs and they accepted to become motbirs. Thereafter, P.W. 10 Kuldeep Singh along with two motbirs P.W. 12 Liyakat Ali and P.W. 13 Mahendra Singh and other members of the Raiding Party, reached National Highway No. 15, which connects Bikaner to Ganganagar and made Nakabandi near Check Post, where officers of DRI posted at Jaipur, namely, P.W. 16 Om Prakash, P.W. 17 V. K. Gupta, P.W. 18 T. C. Gupta and P.W. 19 R. K. Jain were already there and they waited for the arrival of the Truck for which they had secret information. Thereafter, at about 19.30 (7.30 p.m.), raiding party proceeded towards Ganganagar and thus, they crossed nearabout 11 kms. and then found the Truck in question, which was standstill and in that Truck one person was sitting and on being asked, he told his name as Labh Singh (accused-appellant) and he further told that two more persons, namely, Major Singh and Mangal Singh (since the hub of the Truck had broken) had gone to Bikaner and they would be coming just now and after 15 minutes, both Major Singh and Mangal Singh (accused-appellants) came there. It was stated that Major Singh was owner of the Truck and Mangal Singh was driver of the Truck and in preliminary enquiry, these three accused-appellants, namely, Labh Singh, Major Singh and Mangal Singh told that the Truck in question was loaded with the bags of wheat, but when they were seriously questions, they told the raiding party that in between the bags of wheat, two suitcase were also there, in which packets of heroin were kept for the purpose of taking to Bombay. Since at that time there was some darkness, all the three accused-appellants along with the Truck were brought to the office of the customs situated in Rani Bazar, Bikaner. Thereafter, P.W. 16 Om Prakash gave notice under S.50 of the NDPS Act to the accused-appellants asking them whether they wanted to be searched before him i.e. P.W. 16 Om Prakash or the Magistrate and the notice which was given to accused-apellant-Labh Singh is Ex. D/-5, that of accused-appellant-Major Singh is Ex. D/-6 and that of accused-appellant-Mangal Singh is Ex. D/7. These accused-appellants gave their consent that they could be searched in presence of P.W. 16 Om Prakash. Thereafter, Truck was searched and on search two suitcases marked 'Dunhill' of blue colour were recovered, which were found beneath the bags of wheats. One suitcase was marked as X and other suitcase was marked as Y and both were locked and the key of both the suitcases was with accused-appellant-Labh Singh. Thereafter, first suitcase X was opened and in that, 27 packets were found and they were marked as X1 to X27 and on opening second suitcase Y, 25 packets were found and they were marked as Y1 to Y25 and all the above packets were containing brown powder, which gave positve result of heroin, when tested with drug detection kit. The total weight of the packets of heroin was found to be 52.575 kgs. and net weight of the heroin was found to be 50.755 kgs. Thereafter, seven lots were prepared and in lot No. 1 packets X1 to X10, in lot No. 2 packets X11 to X20, in lot No. 3 packets X21 to X27, in lot No. 4 packets Y1 to Y10, in lot No. 5 packets Y11 to Y20, in lot No. 6 packets Y21 to Y23 and in lot No. 7 packets Y24 to Y25 were kept. Out of seven lots, equal quantity of heroin was taken, which comes to 10 grms. from each lot and, thereafter, two samples of 5 grms. each were prepared. Thus, total 14 samples were prepared and they were sealed on the spot separately and marked as follows :- 1. X A-1, X A-2 2. X B-1, X B-2 3. X C-1, X C-2 4. Y A-1, Y A-2 5. Y B-1, Y B-2 6. Y C-1, Y C-2 7. Y D-1, Y D-2 The fard of search and seizure was prepared on the spot and the same is Ex. P/356. The information to superior officer about the search and seizure was sent through Ex. P/357. Thereafter, P.W. 10 Kuldeep Singh handed over the samples and recovered articles to P.W. 11 M. C. Verma, who deposited the same in the Malkhana and made entries in the Malkhana Register Ex. P/355 and, thereafter, P.W. 17 V. K. Gupta took the samples to Government Opium and Alkaloid Works, Neemuch along with forwarding letter Ex. P/364 and deposited the same at Neemuch and receipt of depositing the samples at Neemuch is Ex. P/365 and the report of the Government Opium and Alkaloid Works, Neemuch is Ex. P/366, where it was stated as under :-

(3.) In these appeals, the following submissions have been made by the learned counsel for the accused-appellants :- Appeal No. 145/99 Arvinder Singh v. U.O.I. In this appeal, the main contention of the learned counsel appearing for appellant-Arvinder Singh is that the statements Ex. P/22 and Ex. P/23 of accused-appellant-Arvinder Singh were recorded by P.W. 6 B. S. Bakshi on 25-5-1996 and 26-5-1996 and the same were recorded after adopting coercive measures and these statements have no value as the same were retracted by accused-appellant-Arvinder Singh through Ex. D/2 and furthermore, since he has received so many awards including the Presidential Award for his rendering best services to India on Pakistan-India Border, therefore, to think that such a person would indulge himself in such illegal activities, is beyond imagination and from this point of view also, the case against this accused-appellant-Arvinder Singh should not be held to be proved. Hence, it is prayed that the appeal filed by accused-appellant-Arvinder Singh be allowed and he be acquitted of the charges framed against him. Appeal No. 158/99 Arshad v. U.O.I. In this appeal, the learned counsel appearing for accused-appellant-Arshad has argued that the statement of accused-appellant-Arshad Ex. P/5 under S. 67 of the NDPS Act recorded by P.W. 3 R. A. Sharma on 24-5-1996, was not voluntary one and thus, no reliance can be placed on that statement. Hence, it is prayed that this appeal be allowed and the accused-appellant-Arshad be acquitted of the charges framed against him. Appeal No. 182/99 Labh Singh and others v. U.O.I. In this appeal, the following submissions have been made by the learned counsel appearing for accused-appellants-Labh Singh, Major Singh and Mangal Singh :-