Uday Umesh Lalit, J. - (1.) Special Leave to Appeal granted.
(2.) This appeal challenges the correctness of Judgment and Order dated 21.12.2016 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.798 of 2014 by which the High Court affirmed the conviction of the appellant for the offences punishable under Section 21(c) read with Section 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPC Act', for short).
(3.) According to the Prosecution:- a. On a specific information that narcotic drugs were going to be transported from Jammu side to Chandigarh via Hoshiarpur in a white colour Indica car bearing registration no.PB-02AJ-7288, the officers of Directorate of Revenue Intelligence (for short 'DRI') laid picket at toll barrier at Hoshiarpur-Garhshankar road. At 10:35 hours, they intercepted an Indica car of white colour which was coming from Hoshiarpur side bearing registration No.PB-02AJ-7288. The car was being driven by one Raj Kumar @ Raju whereas one Surinder Pal Singh was sitting next to him. To ensure safe search of the car and personal search of occupants, the car was taken to the office of Superintendent, Central Excise Range, Model Town, Hoshiarpur. The officers of DRI served notice under Section 50 of the NDPS Act upon said Raj Kumar @ Raju and Surinder Pal Singh. b. As desired by said suspects, their personal searches and that of the car were conducted in the presence of independent witnesses and Shri SJS Chugh, Senior Intelligence Officer. Personal searches of the suspects did not result in recovery of any incriminating material. However, when the car was searched, four packets wrapped with yellowish adhesive tapes were found concealed in the door of dickey of the car. The gross weight of those four packets came to 4.300 kg. c. Each of those packets was containing white colour granules/powder which gave a very pungent smell. The pinch of each packet was tested, which showed the presence of heroin. The recovered heroin weighing 3.990 kgs was valued at Rs.19,95,000/-. Those four packets were taken into possession. Two representative samples of 5 gms each were taken out from each of the packets as per rules. Indica car was also seized by the officers of DRI. Statements of both the suspects were recorded. From their statements, it transpired that four packets of heroin had been taken from one Mr. Goldy r/o Vijaypur, Jammu and those packets were to be delivered to a person of African origin near PGI Chandigarh. d. Initially a complaint under Sections 21, 22, 23, 28, 29 and 60 of the NDPS Act was lodged against said Raj Kumar @ Raju and Surinder Pal Singh. During investigation, the involvement of the present appellant in the drug racket was said to have been made out. After the appellant was arrested, a supplementary complaint was presented against him and the matter was taken up with the main complaint. After hearing arguments, charges were framed against said Raj Kumar @ Raju and Surinder Pal Singh and the appellant for the offences under Sections 21, 29 and 60 of the NDPS Act.;