R.K.NEHRU,J - (1.) THIS appeal is directed against the judgment of Additional Sessions Judge, Amritsar dated 17.3.1992 holding the appellant Gulam Rasul guilty for offences under Sections 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the 'Act') and the order of sentence of rigorous imprisonment for 10 years and 6 months under both the counts and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years under both the counts. Both the sentences were ordered to run concurrently.
(2.) THE essentials of the prosecution case can be re-captulated thus:- The accused is a national of Pakistan. On 18.12.1989 he came from Pakistan by 208 Down Lahore Express Train at Land Customs Station, Attari Rail, Amritsar. On being asked by the custom authorities to declare if he was carrying any gold, narcotics or any other contraband goods he stated to be not carrying any such articles/items but while replying he became nervous which made the custom authorities alert. They then started thorough examination of the bags he was carrying with him by associating two independent witnesses, in the Course of which 60 meters of textile, 5 kgs Pista, 40 LB suits and shirts and 3 tins of Telcum powder were recovered. Out of these three tins of Telcum powder, two were found concealed in the two packets of Pista with other goods in one bag and one tin of Telcum powder was found concealed inside the textile in the other bag. These bags were found slightly heavy. As such, the bottom of each bag was cut and was found to contain plywood pieces joined with screws. On opening the plywood pieces, one polythene packet containing light brownish powder (heroin) was recovered from each bag i.e., two polythene packets were recovered from the bottom of both the bags. Thereafter each Telcum powder was also cut and it was found to obtain some polythene packet containing heroin underneath the powder contained in the Telcum powder tins. In short three packets each from Telcum powder tins and two packets from the bottoms of the bags were recovered. Recovered brownish powder was weighed and found to be 1900 grams, valued at Rs. 3,80,000/- in the international market. The accused could not produce any permit/licence for transportation or possession of the aforesaid recovered contraband heroin. The accused then came out with his voluntary confessional statement before Inspector Joginder Singh, proved as Exhibit PB. Representative samples of the heroin each weighing 10 grams were drawn from the recovered polythene bags. Samples and the remaining bulk of recovered Heroin were sealed and seized under memo Exhibit PA, attested by Mohinder Parkash, Banarsi Dass and the Superintendent Customs. The other goods such as textiles, shirts, Pista etc. were separately sealed. All the case property with seals intact was deposited in the customs Malkhana at Railway Station Attari. The samples were sent through Rajnish Gupta, Inspector Customs, PW1, for analysis to Chemical Examiner, Central Laboratory, New Delhi. Chemical Examiner vide its report, Exhibit PA declared the contents of the sample to be brown coloured powder, answering test for the presence of Diacetylomorphine covered under the Act.
(3.) ON the conclusion of the investigation two complaints, one under Sections 21, 22 and 23 of the Act and the other under Sections 132 and 135 of the Customs Act, 1962, were filed in the Court of the Magistrate. As the offences under Sections 21, 22 and 23 of the Act were triable by the Court of sessions, the learned Magistrate committed the case in that complaint to the Court of Sessions along with the other complaints since the two complaints against the accused related to the same incident. Both the complaints were consolidated and the evidence was recorded by the Court of Sessions in the case under Sections 21, 22 and 23 of the Act.;