Punjab-Haryana High Court
Baldev Singh vs State Of Punjab on 26 April, 2012
Author: A.N. Jindal
Bench: Hemant Gupta, A.N. Jindal
Crl. Appeal No. 314 DB of 2002 Page
numbers
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Appeal No. 314 DB of 2002
Date of decision: April 26, 2012
Baldev Singh
...Appellant
Versus
State of Punjab
...Respondent
CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE A.N. JINDAL
Present: Ms. Upinder Kaur Bedi, Advocate,
for the appellant.
Mr. Pavit Singh Mattewal, Addl. A.G., Punjab.
A.N. JINDAL, J.
This appeal has arisen out of the judgment dated 1.4.2002 passed by the Additional Sessions Judge-cum-Judge, Special Court, Amritsar, convicting accused Baldev Singh (hereinafter referred to as 'the accused') under Sections 21, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to undergo imprisonment for thirteen years and to pay fine of Rs. 1,00,000/- each under Sections 21, 23 and 29 of the Act.
Briefly stated the facts are that on 2.11.2000, Shri Inderjit Singh, Intelligence Officer DRI received a secret information against the accused regarding his arrival with narcotics as well as golden biscuits. As such, at about 1 a.m., he, went alongwith other police officials of DRI, Amritsar, placed a picket at Madhopur Sales Tax Barrier near Coral Crl. Appeal No. 314 DB of 2002 Page numbers Restaurant. At about 8.50 a.m. the accused, while traveling in a car bearing registration No. DL 3 CD 5816 was seen coming from Lakhanpur side towards Pathankot, which was being driven by the accused himself. He had also joined witnesses, namely, Taraspal Singh and Beli Ram of Pathankot. After stopping the car, he apprehended the accused and searched the car as a result thereof Vansli of khaki coloured, hidden in the specially made cavity under the dash board was recovered, which was found containing 21 gold biscuits, alongwith certificate of registration, insurance cover and certificate issued by Phagwara Toll tax No. 1282778. He also recovered brief case having marking of eminent dark green colour. When confronted, the accused could not show any permit or licence for keeping the aforesaid goods including the gold biscuits in possession. The biscuits on getting tested from Brij Mohan Kapoor, a goldsmith of Pathankot, were found to be yellow metal. Shri Inderjit Singh also recorded confessional statement of the accused. Later on, another statement of the accused was recorded by T.P.S. Sandhu, in the presence of Inderjit Singh and C.L. Paul, Intelligence Officer, DRI, New Delhi. Thereafter, the accused was arrested and produced before the SDM, Pathankot.
On the same day, at about 10.30 a.m. Inderjit Singh, Seizing Officer received a telegraphic message Ex. PA informing him that there were some more incriminating articles in possession of the accused which had not been recovered by them during the seizure from the accused. This information was further disclosed by him to Shri A.K. Kaushal by putting a note in the official file. Vide Ex. PA/1, Shri Kaushal ordered Inderjit Singh to conduct a thorough search of the car and the brief case, whereupon Crl. Appeal No. 314 DB of 2002 Page numbers Inderjit Singh searched the brief case thoroughly and minutely and found the same to be fluffy on the top and bottom sides and the brief case was also found extra heavy than the normal weight. On weighment, it came to be 6.30 kgs. in weight. A printed fabric lined inside the top and bottom of the brief case was removed and fluffy portions were punctured with a pocker. Thereupon, some powdery material was found which was got tested and it was found to be heroin. Then the brief case was cut open from which four polythene bags were recovered, containing white material which were pasted with some adhesive solution inside the brief case. On checking of polythene bags, the same were found to contain heroin. On weighment of the four polythene bags the same were found to be 2950 grams grossly. Thereafter, two representative samples of five grams each from each packet were drawn. All the samples were put separately in a small envelop of polythene and the said samples were converted into parcels and sealed with the seal bearing impression of "Inderjit Singh". A paper slip was also attached with the envelop under the seal containing the signatures of two independent witnesses and Inderjit Singh.
After following the procedure, the case property as well as sample parceles were taken into possession. On 3.11.2000, Inderjit Singh, Seizing Officer, produced the case property before the Chief Judicial Magistrate, Amritsar, who counter-signed the same and passed order Ex. PQ/1 on the application Ex. PQ. He also issued warrants for production of the accused for 4.11.2000. Consequently, the accused was produced in the court and he was interrogated by the police and during interrogation, he made disclosure statements Ex. PF and PG on 4.11.2000 and 5.11.2000 Crl. Appeal No. 314 DB of 2002 Page numbers respectively. The accused was also confronted with the brief case and its contents in the presence of DRI, Amritsar and Panchnama Ex. PJ was also prepared. The accused admitted the brief case to be owned by him and contents thereof. He tendered voluntary statement Ex. PK written by himself. The accused was formally arrested in this case on 6.11.2000. On 7.11.2000, he was produced before the CJM, Amritsar, vide application Ex. PT, alongwith the case property, who counter-signed the same and passed order Ex. PT/1.
On 3.11.2000, Seizing Officer, had deposited the brief case, samples, case property, vide inventories, Exs. PU, PV and PX, with the Custom Malkhana of the Custom Office, Amritsar. He also informed about the seizure proceedings to Senior Officers. Original samples Ex. A. AA1, B1 and BB2 remained with Inderjit Singh, Seizing Officer from 3.11.2000 to 5.11.2000. During this period, the same were never tampered with. He sent the said samples through Sepoy Sukhdev Singh for depositing the same with the Central Revenue Control Laboratory, New Delhi.
On receipt of report Ex. PBB, challan was presented in the court. The court charged the accused under Sections 21 and 29 of the Act to which he pleaded not guilty and offered to contest.
In order to bring home guilt of the accused, the prosecution examined A.K. Kaushal, Deputy Director as PW1, Constable Sukhdev Singh, DRI, Amritsar, as PW2, Sanjay Sarpal, Intelligence Officer, as PW3, Inderjit Singh, Intelligence Officer, as PW5, Ahlmad Ashwani Kumar as PW6 and Sanjeev Prabhakar, Inspector as PW7. All the witnesses corroborated the case of the prosecution. However, PWs C.L. Paul was Crl. Appeal No. 314 DB of 2002 Page numbers given up as unnecessary and Jasbir Singh, Shamsher Singh, Charanjit Singh, Rahul Kumar and Parkash Bharusi having been won over by the accused.
When examined under Section 313 Cr.P.C., the accused denied all the incriminating circumstances appearing against him. He pleaded that on 2.11.2000 he was picked up by DRI officials, alongwith his car, and was taken to their office. Thereafter, the case was planted on him.
Trial resulted into conviction.
Arguments Heard. Record perused.
Since there was none to represent the accused in the appeal, therefore, Ms. Upinder Kaur Bedi was appointed as Amicus Curiae, who argued the case. She has submitted that the case is false on the face of it. The procedure, as adopted by the officials of the DRI, is not correct. The statement under Section 108 of the Custom Act is not voluntary, therefore, the accused deserves to be extended the benefit of doubt.
The case against the accused has undergone investigation in the natural course of events. The accused was arrested on 2.11.2000 on receipt of secret information. 21 biscuits of gold were recovered from him, which may be worth lakhs of rupees and the accused was challaned qua those biscuits. Since the officials of the DRI could not lay their hands over the narcotics article i.e. heroin as the same was lying hidden in brief case, which could not be detected without breaking open the same. Thereafter, a secret information was again received that something more was being carried by the accused as a result of which the brief case was opened which contained, the following articles:-
1. One light brown colour shirt with dark brown strips Crl. Appeal No. 314 DB of 2002 Page numbers which carried a label marked "YASH Tailors 434-A Nangal Rayya, New Delhi."
2. One grey colour shirt carrying label "New Poshak"
3. One greenish grey colour trousers bearing label "New Poshak" and in built marking "specially ordered" on the left and right side of the waist belt.
4. One brown colour elastic belt underwear (Kachha)
5. One lungi in checks of blue brown, light blue and yellow strips.
6. Roll of adhesive tape with foam.
7. 4 assorted sized pieces of printed fabric.
8. six broken pieces of the fixtures of the brief case (3 of metal and 3 of plastic).
9. 2 elastic pieces with plastic hooks marked 'SMINENT'.
10. 2 sheets of plastic moulds.
As such the Seizing Officer, after order of Shri A.K. Kaushal, had again made the search of the brief case and recovered heroin lying hidden on the upper portion of the brief case regarding which voluntary statement was made by the accused on 4.11.2000, vide memo Ex. PF. Again on 5.11.2000, the accused made his statement Ex. PG, where he disclosed that he brief case was handed over to him by Gurnam Singh. He also disclosed the whereabouts of Bunty to whom the brief case was to be handed over, as per the direction of Gurnam Singh and he was to be paid Rs. 10,000/- for delivering the said brief case. The witnesses to the recovery have duly proved the recovery of heroin from the accused.
Crl. Appeal No. 314 DB of 2002 Page numbers
Statement of Sanjay Sarpal, who is witness to the recovery, and Inderjit Singh, who is seizing officer, had no animus or enmity against the accused for falsely implicating him in this case. Such huge recovery of narcotics and the yellow metal could not be foisted against the accused. The accused also failed to explain his presence at Amritsar. The evidence so led against the accused to prove the recovery is quite consistent. The voluntary statement recorded by the accused in his own hand cannot be doubted. Accused appears to be a bigwig indulging in importing heavy yellow metal as well as narcotics, therefore, he is dangerous to the society and, as such, no leniency can be shown to him with regard to sentence awarded to him.
Resultantly, finding no merit in the appeal, the same is hereby dismissed.
(HEMANT GUPTA) (A.N. JINDAL)
JUDGE JUDGE
April 26, 2012
prem