TARSEM SINGH Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) THE case of the prosecution is that on 03.01.2009, a Tata Sumo vehicle was signaled and stopped, as the officials of DRI had information that narcotic drug was being carried in the said vehicle, but the driver, instead of stopping the vehicle accelerated its speed. The vehicle was then chased by the DRI officials. After some time, all of a sudden, the said vehicle was stopped at G.T. Karnal Road and both the occupants of the vehicle, including the appellant, came out and tried to escape. The appellant was apprehended, whereas his companion managed to escape. On search of the vehicle, heroin weighing 7.896 kg was found concealed in it, in a specially created cavity. This is also the case of the prosecution that the appellant had made a voluntary statement under Section 67 of the Narcotic Drugs & Psychotropic Substances Act (NDPS Act) and admitted recovery of heroin from him in the abovestated manner.

(2.) VIDE impugned judgment dated 16.7.2012, the appellant was convicted under Section 21 of NDPS Act and vide the impugned order and sentence, he was sentenced to undergo rigorous imprisonment for ten years each under Section 21(c) and 29 of the Act. A fine of Rs.1 lac each on both the counts was also imposed on him. Being aggrieved from his conviction, the appellant is before this Court by way of this appeal. This application has been filed by the appellant seeking suspension of his sentence, inter alia, on the ground that he is in custody since 4.1.2009 and there are major discrepancies and material contradictions in the statements of prosecution witnesses. His counsel also submits that the appeal may not be heard in near future.

(3.) IN Daddu @ Tulsidas versus State of Maharashtra [(2000) 8 SCC 437], the Apex Court while considering challenge to the constitutional validity of Section 32A of NDPS Act, which contains restriction on the suspension of sentence awarded under the NDPS Act, for the offences involving commercial quantity inter alia, held as under: