SHAM SUNDER,J. - (1.) THIS appeal is directed against the judgment of conviction dated 7.2.2007, and the order of sentence dated 8.2.2007, rendered by the Special Judge, Ferozepur, vide which he convicted the accused (now appellants), for the offence, punishable under Section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced them, to undergo rigorous imprisonment for a period of ten years each, and to pay a fine of Rs. 1 lac each, and in default of payment of the same, to undergo rigorous imprisonment for another period of 1 year each, for having been found in possession of 4 kgs. 255 grams Heroin, without any permit or licence. The trial Court, however, acquitted Ram Singh, Pehalwan Singh, Gurdip Singh, and Jagir Singh, accused.
(2.) THE facts, in brief, are that on 18.10.2003, at about 1505 hours, when Gate Guards, comprising Indra Ram, HC, No. 87132942 and Raj Kumar, CT, No. 01877113 of F Copy. 181 Battalion of BSF, were present at B.S. Fence Gate No. 242 of BOP GG-I, when a tractor bearing No. PB-22A-7382, make Mahindra, driven by Resham Singh, accused, who was accompanied by Manjit Singh, accused, both residents of village Ladhuke, came from the side of Fencing Gate. Indra Ram, HC and Raj Kumar, Constable, checked the tractor, and found white substance, contained in four packets, from inside the bumper of the tractor. Indra Ram, HC, accordingly informed the company Head Quarter. On receipt of this information, H.S. Garcha, Commandant, and C.S. Sharma, Company Commander, reached the spot, and got opened the bumper of the tractor, which led to the recovery of four packets of heroin. On the same day, Jaswinder Singh, SI, received a telephonic call, from H.S. Garcha, that heroin was recovered from the border, and the BSF authorities, were to search the houses of the accused. Jaswinder Singh, SI, alongwith other police officials, as also the BSF personnel, cordoned off village Ladhuke. The police officials and BSF personnel, searched the houses of Manjit Singh and Resham Singh. 5 grams of heroin was recovered therefrom. On the next day, when Jaswinder Singh, SI, was present in the Police Station, Chander Shekhar Sharma, Deputy Commandant of 181 Battalion, produced before him, four packets of heroin, alongwith Manjit Singh and Resham Singh, accused. He also produced a tractor toed with disk plough, before him. Three samples of ten grams each, from each of the packets, were taken out. The remaining heroin was weighed. One packet was found containing 1 Kg. 30 grams heroin. The second packet was found containing 1 kg. 25 grams heroin. The third packet was found containing 1 kg. 35 grams heroin, and the fourth packet was found containing 1 kg. 40 grams heroin. A packet containing 5 grams heroin, was also produced. The packets, containing the remaining heroin, and the samples, were converted into parcels, duly sealed, and taken into possession. The sample impression of the seals was prepared. Swarandip Singh, DSP, who was present, in the Police Station, in connection with inspection, also affixed his own seal, on the case property, and the sample parcels. Jaswinder Singh, SI, took the entire case property, and the sample parcels, vide memo Ex.P2, attested by the witnesses. The tractor alongwith plough, was also taken into possession. On personal search, nothing was recovered, regarding which personal search memo, Ex.P4, was prepared. The place of recovery was inspected by Jaswinder Singh, SI, and rough site plan was prepared. Before inspecting the place of recovery, the FIR was registered. The accused were arrested. During the course of interrogation, it was revealed that consignment of heroin was obtained, by the accused, from Pakistan, and cavity in the tractor was created, with the help of Gurdip Singh S/o Kashmir Singh, brother of Manjit Singh, accused. It was further revealed that the consignment was required to be delivered to Jagir Singh S/o Jagtar Singh of Sirsa area, their active accomplice in the smuggling. They alongwith Pehalwan Singh and Ram Singh, brothers of Manjit Singh, accused, were also arrested. After the completion of investigation, all the accused were challaned. On their appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 22 of the Act, was framed against Manjit Singh and Resham Singh, whereas, charge under Section 22 read with Section 29 of the Act, was framed against Ram Singh, Pehalwan Singh, Gurdip Singh and Jagir Singh, accused, to which they pleaded not guilty, and claimed judicial trial.
(3.) THE prosecution, in support of its case, examined Tilak Raj, Constable (PW-1), who was handed over 4 sample parcels, weighing ten grams each, duly sealed, alongwith sample seal, for depositing the same, in the office of the Chemical Examiner, Chandigarh, who deposited the same, with seals intact on 23.10.2003, in the laboratory, and also deposed that neither the same was tampered by him, nor did he allow anybody to tamper with the same, till the same remained in his custody, Subhash Arora, Registration Clerk, office of the Tehsildar, Fazilka (PW-2), who proved the registration certificate of tractor No. PB-22-A-7382, which was registered by the SDM-cum-Registering Authority Motor Vehicle, Fazilka, in the name of Hardit Singh S/o Bhola Singh, Puran Singh, ASI, (PW-3), who was posted, at the relevant time, in Police Station Sadar, Fazilka, and associated with Jaswinder Singh, SI, in the investigation, H.S. Garcha, Commandant, BSF, 21 Battalion (PW-4), who received the information from Indra Ram, HC, that they had intercepted a tractor, being driven by Resham Singh alongwith Manjit Singh, his accomplice, and on opening the bumper of the tractor, 4 packets of white substance, which was heroin, were recovered, Indra Ram, HC (PW-5), who alongwith his colleague, intercepted the tractor, alongwith ploughing disc, wherefrom the heroin was recovered, Chander Shekhar Sharma, Asstt. Commandant (PW-6), who was posted as Company Commander F-Company 181 Battalion, at BOP GG-I, at the relevant time, who reached the spot, and saw that the tractor had already been intercepted by Indra Ram, HC, and his colleague, and on opening the bumper thereof, four packets, containing heroin, were recovered, Jaswinder Singh, SI (PW-7), who was the SHO P.S. Sadar, Fazilka, the Investigating Officer, who deposed with regard to the investigation, and preparation of the various memos, as also with regard to the production of packets, containing heroin, before him, by Chander Shekhar Sharma, which had been recovered from the accused, when one of them was driver of the tractor, and the other was his accomplice, and Sawarandip Singh, DSP (PW-8), who was present in Police Station Sadar, Fazilka, when the packets were produced by Chander Shekhar Sharma, before Jaswinder Singh, SI, and in whose presence, the proceedings were conducted. Thereafter, the Addl. Public Prosecutor for the State, closed the prosecution evidence.;