R.L.ANAND, J. - (1.) SHRI Jaswant Kumar son of Shri Mehar Chand, son of Shri Radha Krishan, aged 30 years, culviator by profession, resident of village Gharinda, Tehsil and District Amritsar, has filed the present criminal appeal and it has been directed against the judgment and order dated 10.12.2001, passed by the Court of learned Special Judge, Amritsar, who convicted the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act") and sentenced him to undergo R.I. for a period of 14 years and to pay a fine of Rs. 2,00,000/-. In default of payment of fine he was directed to undergo R.I. for a period of two years for allegedly having (been) found in possession of 44 kgs of heroin.
(2.) THE appellant was charge-sheeted under Section 21 of the NDPS Act on the allegations that on 7.6.1996 in the area of village Janian he was found in possession of 44 packets of heroin each weighing one kilogram without any permit or licence and thereby he committed an offence punishable under Section 21 of the NDPS Act. The case was registered against the appellant on the basis of the rukka Ex.PF which was dispatched by SI/SHO Dharam Singh of Police-Station Jadiala, wherein he mentioned that on the date of recovery i.e. 7.6.1996, on receipt of secret information he along with SI Lakhwinder Singh, constable Baldev Singh, constable Kulwant Singh, constable Bhajan Singh, and constable Balbir Singh, was present in connection with Nakabandi at Jandiala Tarn Taran Road, turning point of village Janian where Shri Chander Kailash D.S.P. Baba Bakala was also present along with his gunman on a Government vehicle as the Officer had appeared there in connection with the checking of the Nakabandi and patrolling. In the meanwhile, a person came from the side of Janian on a bicycle who was carrying a gunny bag on both the sides of the carrier of his bicycle. That man was apprehended on suspicion with the help of other members of the police party. He gave his name as Jaswant Kumar alias Billa son of Mehar Chand Brahman resident of Gharinda, Police-Station Gharinda. He was apprehended on the basis of suspicion in the presence of D.S.P. He was told that his personal search was to be taken. The gentleman agreed. A consent memo regarding the personal search was also prepared in the presence of Ajit Singh, Municipal Commissioner of M.C. Jandiala who had also arrived at the place of detection. Therefore, the personal search of Shri Jaswant Kumar was taken according to rules in the presence of D.S.P. and other members of the Police Party from the carrier of the bicycle. The gunny bag lying on the carrier of the bicycle bearing registration No. 704155 Mark Hero green colour was taken and 44 packets were recovered i.e. 43 packets of heroin of brown sugar and one packet was of heroin of white sugar. On 21 packets the words Iftak Ltd. was written, on 7 packets the words 12 BF. were written, on 6 packets were written and further on six packets Iftak factory was printed, 3 packets bore U.S. mark and one packet was without any brand. Sample of 10 grams each was drawn from each one of the packet and a separate sealed parcel was prepared. The remaining bullock (bulk ?) was separately sealed. On weighment, entire property came to 44 kgs. The samples and the case property were taken into possession and separately sealed. It was so sealed with the seal of the Investigating Officer bearing inscription DS and that of the DSP bearing letters CKS and the seals after use was handed over to S.I. Lakhwinder Singh and entire case property was separately taken into possession. The accused could not produce any licence or permit for the possession of narcotic drugs. Resultantly a case under Section 21 of the NDPS Act (came) be registered. It was also stated in the rukka that the information may also be sent to the Customs Department. This rukka was dispatched at 9.10 A.M. Actual detention of the appellant was about 4.45 A.M. while rukka was sent to the Police Station Jandiala for the registration of the case at 9.10 A.M. It was received in the Police-Station at 9.20 A.M. and formal FIR No. 117/96 dated 7.6.1996 was registered under Section 21 of the NDPS Act by ASI Rajbinder Singh. The Investigating Officer also prepared rough site plan of the place of recovery. He recorded the statements of the witnesses. The accused was directly taken to Duty Magistrate along with the case property and on return to the police-station the case property was preserved in the double lock. The samples of the parcels of the heroin were sent to the office of the Director, Forensic Science Laboratory, Punjab, Chandigarh and finally on receipt of the report of the Chemical Examiner, the accused was challaned under Section 21 of the NDPS Act in the Court of Area Magistrate who supplied the copies of the documents of the accused intended to be relied upon by the prosecution and vide order dated 9.12.1996, the appellant was committed to the Court of Session to face the trial under Section 21 of the NDPS Act.
(3.) VIDE order dated 17.1.1997, the appellant was charge-sheeted under the aforesaid Section for having been found in possession of 44 packets of heroin weighing one kg each without any permit or licence. The charge was read over and explained to the appellant who pleaded not guilty to the charge and claimed trial.;