NIRMAL YADAV,J - (1.) THESE afore-mentioned four appeals have been directed against the judgment dated 14.5.1993 passed by learned Additional Sessions Judge, Ferozepur, vide which all the appellants were convicted under Section 21 of the Narcotic Substances and Psychotropic Substance Act, 1985, hereinafter referred to as 'the Act', and were sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs. one lac each. In default of payment of fine, each appellant was directed to further undergo rigorous imprisonment for three years.
(2.) THREE complaints were filed against the accused-appellants by the Inspector, Customs Jallalabad and Ferozepur, in the following manner :- 1st complaint against accused-appellants Khazan Singh, Wasakha Singh alias Gurmej Singh, Kundan Singh son of Mehla Singh, Dara Singh, Resham Singh and Kundan Singh son of Thakur Singh; 2nd complaint against accused-appellants Fatta Singh and Mukhtiar Singh; and Rd complaint against accused-appellant Puran Singh @ Punni. 3. Briefly stated, the facts as per all the three complaints are that on the night intervening 6/7.5.1987 a Nakka was laid by the BSF Personnel on the international boRder of Pakistan at BOP Chak Khewa. At about 3.30 a.m. some persons carrying bags on their heads were seen crossing the boRder from Pakistan side. They were signalled to stop, whereupon they opened fire. In self-defence the Nakka party also opened fire. On being fired upon the miscreants threw their head loads and managed to escape towaRds Pakistan. On search of the area by Inspector Bakhtawar Singh, Company Commander, eight bags consisting of 224 packets weighing one kilogram each containing brown powder (presumably heroin) valuing Rs. 11 crores 20 lacs approximately and a pair of shoes, were recovered.
(3.) ON 23.5.1987, Wasakha Singh alias Gurmej Singh son of Phuman Singh, Kundan Singh son of Mehla Singh, Khazan Singh son of Bishan Singh, Dara Singh son of Hakam Singh, Resham Singh son of Thakur Singh and Kundan Singh son of Thakur Singh, appellant-accused, were arrested under the Arms Act, where all of them admitted their involvement in the trafficking of said brown powder. Therefore, those persons were handed over to the Customs Department on 24.5.1987. The aforementioned six persons made confessional statements under Section 108 of the Customs Act, 1962, admitting their involvement in the present case by stating that they were the same persons, who were bringing brown powder from Pakistan Border on the night intervening 6/7.5.1987 and on being challenged by the Nakka Party they had run away after throwing the contraband. Accordingly, they were arrested by the Custom Department under Sections 42 and 104 of the Customs Act.;