Kuldip Singh, J. - (1.) By this single judgment, I shall dispose of two connected appeals i.e. CRA No. S -1259 -SB of 2013, filed by accused/appellant Harpal Singh alias Raju and CRA No. S -2300 -SB of 2013, filed by accused/appellant Ompal, arising out of the same judgment of conviction dated 31.1.2013, vide which the accused/appellants were convicted under Ss. 21 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and order of sentence dated 4.2.2013, vide which they were sentenced to undergo rigorous imprisonment for 10 years each and fine of Rs. 1,00,000/ - each, in default thereof, to further undergo rigorous imprisonment for 3 years each under Sec. 21 (c) of the NDPS Act, passed by the learned Judge, Special Court, Chandigarh. They were also sentenced to undergo rigorous imprisonment for 10 years each and fine of Rs. 1,00,000/ - each, in default thereof, to further undergo rigorous imprisonment for 3 years each under Sec. 29 of the NDPS Act. Both the sentences were ordered to run concurrently.
(2.) The present appellants were tried on the complaint filed by Narcotics Control Bureau, Chandigarh, Zonal Unit (in short 'NCB'). The facts of the case are as under: - - "The facts of the case are that on 9.7.2008, at about 1:00 PM, Ganesh Balooni, Intelligence Officer, posted at NCB Zonal Unit, received a secret specific information that one Om Pal and Harpal, residents of Chandigarh, are involved in narcotic trafficking cases. If raid is conducted, they can be apprehended with the contraband. The said information was reduced into writing, vide Ex. PW3/A. It was produced before Superintendent, NCB, Shri Balwinder Kumar, who put note Ex. PW3/B on the same and directed Ganesh Balooni, Intelligence Officer, to constitute a team and conduct a raid. Accordingly, a team was constituted. Two persons, namely, Anil Kumar Gautam and Kartar Singh were joined from Taxi Stand, Sector -11, Chandigarh, as independent witnesses. Thereafter, the entire NCB team alongwith independent witnesses reached near a culvert in Sector - 52, Chandigarh, and started picketing and surveillance there. At about 4.30 PM, accused Ompal was seen coming from ISBT, Sector 43, Chandigarh carrying a bag in his hand. He waited near culvert for somebody. Then, after 5/7 minutes, accused Harpal Singh came from the other side. Accused Ompal handed over the said bag to him. Thereafter, both the accused were surrounded by the NCB team. After questioning the accused about their name and identity, they served notices Ex. P5 and Ex. P6 upon accused Harpal Singh and Ompal respectively, informing them about their right to get themselves searched before a gazetted officer. The accused declined the offer and volunteered to be searched by the NCB team. Accused Harpal Singh opened the bag and accused Ompal took out a polythene bag, which contained three packets, wrapped with Brown tape. On inquiry, the accused disclosed that there is heroin in the said packets and that the same has been brought from Badayun (UP) for handing over to Harpal Singh. A small portion of contraband equivalent to head of match stick was taken out and handed over to Hardesh Kumar to conduct test with the help of field drug detection kit carried by the team. On testing, it was found to be Heroin. On weighment, it was found that each packet contained 1 kg heroin. The packets were taken into possession. As people started gathering at the spot, therefore, for security reasons, the entire NCB team alongwith independent witnesses, accused and seized contraband went back to the office of NCB, situated in House No. 80, Sector -2, Chandigarh. Two samples of 5 grams each was separated from each packet and were sealed. The case property was handed over to Shri Balwinder Kumar Superintendent, NCB, for depositing the same in the Malkhana. The statements of accused Harpal Singh as well as accused Ompal (Ex. P11 and Ex. P16) under Sec. 67 of NDPS Act were recorded. After completion of formalities of the investigation, the challan was presented."
(3.) The accused were charge -sheeted under Ss. 8/21 and 29 of the NDPS Act. The accused pleaded not guilty to the charge and claimed trial.;