MOHD NASIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These revision petitions have been directed against the order dated 26.6.1993 passed by the learned Special Judge, NDPS Cases, (Sessions Judge) Sriganganagar in aforementioned Special Case State v. Hardayal Singh & Ors., whereby he has framed charge for the offences u/ss. 8/25 and 29, NDPS Act (in short, the Act against petitioner Mohd. Nasir sb Mohd. Hussain r/o. Karachi (a Pak National), under Sec. 8/29 against petitioner Ahsan Khan alias Baba and under Sec. 8/29 of the Act and Sec. 112, Customs Act against petitioner Mahavir Prasad.

(2.) Since these revision petitions arise out of the same order, they are being disposed- off by this common order.

(3.) Stated in succinct the skeletal facts necessary for disposal of these revisions arc that on a tip off that at the border village Bhutiwala Chak 240, a large quantity of heroin and gold was expected to be smuggled from Pakistan to India, a police party led by Shri D.S. Dinkar, ASP, with the assistance of Border Security Force (B.S.F.) on 17.1.1989 at about 11.20 PM, six persons, who were coming from Pakistan border side and carrying bags, were snapped near the canal end. They were challenged by the police and BSP party, whereupon they opened fire. However, two persons namely Hardayal Singh and Daljeet Singh were apprehended on the spot while four culprits throwing their bags made good their escape under the cover or darkness. Search of Hardayal Singh resulted in recovery of 125 foreign marked (F.M.) gold biscuits and 15 packets of heroin, while from the possession of Daljeet Singh, 125 F.M. gold biscuits besides ten packets of heroin were recovered. Four bags, which were thrown away by the fleeing culprits, contained fifty three packets of heroin. The police party seized in all 250 F.M. gold biscuits und seventy eight packets of heroin. In pursuance to the information given by accused Hardayal Singh, two drivers namely Paramject Singh and Preetam Singh alongwith their vehicles Maruti Car No. DBG 8751 and truck No. RRC 7892 respectively were apprehended near Lakhiya Filling Station, Karanpur. It is alleged that from the said truck and Maruti Car, ten and five packets of heroin were also recovered. The seized 250 P.M. biscuits of gold weighed 2500 tolas, while 103 packets of heroin weighed 103 kgms. The apprehended persons did not have any licence/permit to import posess or transport the said heroin and gold. On 18.1.1989, on the report submitted by Abdul Kalam, ASI, a case for the offences u/ss. 8, 21, 25, 23 of the Act, u/s. 112, Customs Act and u/ss. 307 and 353 IPC was registered at P.S., Srikaranpur. from the personal search of accused Hardayal Singh, a driving licence on what his coloured photograph in the name of Pradeep Kumar r/o. Brahmpuri Road, 124 Pargana West Bengal and a slip written in Punjabi, whereon Patla and numbers 263925 DG, 266951 CC, ND were written, were also recovered. On interrogation, it was reported by accused Hardayal Singh that the slid driving licence was fake one in order to conceal his identity. He further disclosed that one Liyaqat, a Pak National, at the time of handing over the said consignment of gold biscuits and heroin, had given him the phone numbers of New Delhi for contacting TPatla for disposal of those contrabands. Hardayal further disclosed that the consignment of heroin was to be delivered to Baba and Nasir of Bombay.