A.N.JINDAL, J. - (1.) DOONI Chand and Neel Chand accused-appellants (hereinafter referred to as 'the accused') were tried for the offences under Section 20, 21, 23, 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), pursuant to the complaint filed by the Narcotic Control Bureau (hereinafter referred to as 'NCB'). Eventually, they were convicted by the Judge, Special Court, Roop Nagar, vide its judgment dated 16.2.2004 and sentenced to undergo rigorous imprisonment for 15 years and to pay fine of Rs. 1,50,000/- each. In default of payment of fine to further undergo rigorous imprisonment for five years each.
(2.) ON 17.2.1999, on receipt of the secret information that the accused were bringing Charas by concealing the same in the luggage, pickle or ghee tins, during night time, by transporting through bus of M/s. Harison Travels started from Manali and leading to Delhi, picket was arranged at Swar Ghat, but the accused did not arrive on that day. The on 18.2.1999, a picket was placed at Garamorh, Kiratpur Sahib, District Ropar and vehicles were checked by the team consisting of R.P. Singh, O.P. Bhatt, both Intelligence Officers, Gurdev Singh Driver, Rajesh Sapoy, Paramjit Singh Sapoy and Ramesh Sapoy. At about, 0.30 hours a bus bearing registration No. HP-01-1743 belonging to M/s. Harison Travels came and was checked. On checking of the dicky, it was found that except two suit cases, remaining luggage were claimed by the passengers. The said suit cases were bearing seat Nos. 31 and 32. On verification by the conductor, the suitcases were found to be those of the accused. Neel Chand accused, who was apprehended at the spot, cheated the officers by saying that he had lost the key of the suit case and he also affirmed that the second suit case belongs to his friend Dooni Chand sitting in the bus. The NCB and the police officials then looked for the another accused who managed to escape. Sh. Sarabjit Singh, Zonal Director, NCB gave authorisation to Mr. R.P. Singh, Investigating Officer to search the luggage. Thereafter authorisation of search was served upon Neel Chand accused in the presence of two independent witnesses. When the accused Neel Chand did not hand over the keys of the suitcases, then locks of the suitcases were broken and on search of the suit case 3 packets weighing 5.050 kgs Charas was recovered. Out of the second suit case, 8 packets containing 12.950 kgs. of Charas was recovered. Notice Ex. PF under Section 67 of the Act was served upon Neel Chand accused for recovery of 18 kgs. of Charas. Neel Chand accused made a voluntary statement Ex. PG. The independent witnesses namely Ram Kishan Saini and Yogesh Kaushik also made their statement Ex. PL and Ex. PM respectively. Notice Ex. PH was also served upon Manoj Kumar and Labh Singh driver and conductor of the bus and their statements Ex. PI and Ex. PJ respectively were also recorded. Accused Dooni Chand, who had absconded was ultimately arrested on 19.2.1999 vide memo Ex. PN. Statement of Dooni Chand accused was also recorded under Section 108 of Central Excise and Customs Act. On completion of the investigation, complaint was filed against both the accused.
(3.) FORMAL charge under Sections 20 and 21 of the Act was framed against both the accused to which they pleaded not guilty and claimed trial.;