- (1.) These two appellants, along with two others, were found guilty by the district Judge, Ludhiuna lor the offences punishable under Sections 18, 22, 23, 25, 28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act and Section 120-B of the Indian Penal code. Two of them i. e. Tarlochan Singh, s/o Chet Singh and Devinder Singh were acquitted by the High Court and the present appellants i. e. Balwinder singh and Tarlochan Singh, s/o Darshan Singh were found guilty. It is against this that the appellants have come up before this Court by way of these appeals i. e. Criminal Appeal No. 547 of 2004 was preferred by Balwinder singh and Criminal Appeal No. 548 of 2004 was preferred by Tarlochan singh. Criminal Appeal No. 547 of 2004
(2.) The facts of this case are that on 6/1/1988 two trucks bearing registration Nos. PJA 8677 and DIL 3372 were intercepted by the Central excise and Customs Department, Ludhiana Division. The officers of the customs Department conducted search of the vehicle in the presence of witnesses and it was found that the truck bearing Registration No. PJA 8677 was having a secret compartment and found that 175 kg of heroin and 39 kg of opium of foreign origin were concealed in this chamber. The sample was taken and it was found that these articles were opium and heroin as contended by the prosecution. During the course of investigation, the statement of the appellant was taken under Section 108 of the Customs Act and 15 witnesses have been examined. The appellant herein completely denied his culpability in the crime.
(3.) The present appellant has been found guilty on the ground that he was the registered owner of the vehicle PJA 8677. Counsel for the appellant contends that he purchased this lorry in 1982, along with one Kesar Singh but in 1986 he transferred the vehicle to a third party and the investigating officer, PW 13, who was examined, deposed that during the course of his investigation he came to know that though the present appellant was the original owner of vehicle bearing Registration No. PJA 8677, he had sold the vehicle to one Sucha Singh in 1986, however, the registration was not changed in his name. This appellant was convicted solely for the reason that he was the registered owner of the vehicle PJA 8677. There is no evidence to prove that he knowingly allowed any person to use the vehicle for any illegal purpose. There is also no evidence to prove the conspiracy set up by the prosecution. Therefore, it is clear that though the articles were recovered from the lorry, there is no evidence to show that the appellant had any control over the vehicle nor was he in possession of these drugs. In the result, we allow the appeal and acquit the appellant Balwinder Singh of all charges framed against him. Criminal Appeal No. 548 of 2004;