PARAMJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellants have preferred this criminal appeal against the judgment dated 21-11-98 passed by the learned Special Judge NDPS Cases, Bundi in Sessions/Criminal Case No. 190/98; whereby each of the appellants has been convicted under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and sentenced to undergo RI for ten years and a fine of Rs. one lac each in default of payment of fine, to further undergo two years RI. Maruti Car seized during investigation, bearing No. DL/IC/B/1117 was ordered to be confiscated.

(2.) The facts relevant for deciding the appeal, briefly stated, are that on 23-11-1991 at about 11.00 a.m., a Maruti Car No. DL-1C-B-1117 was apprehended by the raiding party of the Narcotics Department near Talera Petrol Pump of Bundi town. The raiding party was headed by Anand Singh Negi, Superintendent, and consisted of Satpal Singh Sabbarwal SI, Bajranglal, Behari Singh, Jahin Ahmad and Manohar Singh (Driver). Upon interception of the car, appellants were found to have been sitting inside it, and search was conducted in the presence of two independent witnesses. During search, 11 packets containing opium in all weighing 10.800 Kgs. were found duly concealed inside cavities of doors of the car. Samples weighing 24 gms. each from those packets were taken and sealed separately in cigarette cases and rest of the opium from the seized packets was packed in a white cloth and then sealed with a seal vide memo Ex. P-5 by Satpal Singh S.I. During usual investigation, seizure memo Ex. P-1 of the opium was prepared, appellants were arrested vide memos (Exs. P-2 and P-3) intercepted maruti car was seized vide memo Ex. P-4 and site plan of the place of incident was also prepared vide memo Ex. P-6. Thereupon, written report (Ex. P-7) was submitted by Satpal Singh S. I. and crime was registered by the Superintendent Narcotics Bureau who handed over the matter to Shiv Narain Inspector for further investigation during which statements of various witnesses so also of the appellants were recorded under Section 67 of the NDPS Act, and the samples taken from the seized opium were sent for chemical examination to Government Opium and Alkaloid Works, Neemuch (MP), which sent its report dated 30-1-92 (Ex. P-12) confirming the substance to be opium. After completion of usual investigation, a complaint was filed before the concerned Magistrate on 19-2-1992 who committed the case for trial to the Court of Sessions. The changes were framed for offence under Sec. 8/18 of the NDPS Act against the appellants, who denied the same and claimed trial.

(3.) During trial, prosecution examined as many as 11 witnesses namely, PW 1 Satpal Singh Sub-Inspector - scribe of Panchnama, FIR and part of investigation; PW 2 Surendra Singh and PW 3 Abid Hussain - both 'motbirs' but declared hostile; PW 4 Constable Bajranglal - witness to search and seizure; PW 5 Superintendent Anand Singh Negi - witness to search and seizure; PW 6 Inspector Shiv Narain who conducted investigation in part; PW 7 SHO Surjit Singh who conducted search of residence of Abdul Sattar; PW 8 Sahadat Ali and PW 9 Dharamchand who were motbirs of search of residence of Abdul Sattar but were declared hostile; PW 10 Mool Singh was motbir of search of residence of Abdul Sattar; and PW 11 Inspector Nandlal who was also witness for search of residence of Abdul Sattar. The appellants were examined under Section 313, Cr. P. C. and in their explanation, they denied the allegations and pleaded false implication. In defence statement of Surjit Singh was got exhibited as Ex. D-1. After hearing the parties, the learned trial Court convicted and sentenced the appellants as indicated above. Hence this appeal.