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High Court Of Rajasthan
Judgename : S.P. Pathak
Baroch Khan - Appellant
Versus
Narcotics Control Bureau - Respondent
S.B. Criminal Appeal No.747 of 2002
Decided On : 09/30/2005
Narcotic Drugs and Psychotropic Substances Act - Conviction under Sections 8/21, 8/23 and 8/29 - Summary of Acts and Sections: The court discussed the admissibility of the accused's statement under Section 67 of the Act, citing relevant legal provisions and case law. It concluded that the statement was admissible as it was voluntarily made without pressure or duress. The court also highlighted the principles of voluntary and retracted confessions, emphasizing the need for corroboration and the admissibility of evidence already in possession of the police prior to the recording of the confession.
Fact of the Case:
The appellant appealed against the Judgment of conviction and order of sentence under the Narcotic Drugs and Psychotropic Substances Act. The case involved the apprehension of the accused with contraband heroin and the admissibility of his statement under Section 67 of the Act.
Finding of the Court:
The court found the accused's statement under Section 67 of the Act to be admissible, as it was voluntarily made without pressure or duress. It emphasized the principles of voluntary and retracted confessions, highlighting the need for corroboration and the admissibility of evidence already in possession of the police prior to the recording of the confession.
Issues: The admissibility of the accused's statement under Section 67 of the Act and the principles of voluntary and retracted confessions.
Ratio Decidendi: The court held that the accused's statement under Section 67 of the Act was admissible as it was voluntarily made without pressure or duress. It emphasized the need for corroboration and the admissibility of evidence already in possession of the police prior to the recording of the confession.
Final Decision: The court upheld the admissibility of the accused's statement under Section 67 of the Act and emphasized the principles of voluntary and retracted confessions, highlighting the need for corroboration and the admissibility of evidence already in possession of the police prior to the recording of the confession.
S.P. Pathak, J.-The appellant has filed this appeal against the Judgment of conviction and order of sentence dated 20.06.2002 passed by the learned Special Judge, NDPS Cases, Jodhpur, in Sessions Case No.16/2000, whereby the accused-appellant has been convicted under Sections 8/21, 8/23 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and under each of the sections sentenced to 10 years rigorous imprisonment with a fine of Rs.1 lac, in default thereof to further undergo one years rigorous imprisonment.
2. Briefly stated, the facts of present case are that on 312.1999 at about 10:30 PM Rajendra Singh Khangarot, the Regional Director, Narcotics Control Bureau, Jodhpur received secret information from Mukhbir that Baroch Khan s/o Murad Khan, resident of Lunon ki Basti, Sam, District Jaisalmer would cross the border from border pillar No. 743-743/1 ahead of Border outpost in the intervening night of 1st and 2nd January, 2000 with 13 to 14 kgs heroin in two big metal Degs (cooking pot). Acting on the said information received from Mukbir, the Regional Director of Narcotics Control Bureau constituted a team of officers which proceeded in Government vehicle to reach at 58 Battalion, Jaisalmer on 01.01.2000. Shri Jagdish Purohit, one of the officers of the team, went in the mess of 58 Battalion and gave his introduction to Sarva Shri Vijay Singh, Dy. SP and
Jaypan Singh, the officers of Border Security Force. Shri Jagdish Purohit informed them that they had secret information that in intervening night of 1st and 2nd January, 2000, one person Baroch Khan would enter into Indian Border from Border Pillar 743-743/1 having with him about 13 to 14 Kgs illegal heroin. He got their written consent for becoming Panch in the proceedings and thereafter, the team reached at the border outpost along with the BSF Officers at about 10.20 and the Officers of BSF and NCB informed the officers posted at the outpost about information received and Nakabandi was staged there. At about 12.30 in the night, three persons entered the Indian Border, who were asked to stop but out of them, two persons fled away and one of the persons was caught by the outpost personnel. Two Degs were lying nearby the person caught. On being asked, he disclosed his name Baroch Khan s/o Murad Khan. Thereafter, he was informed about the information. He was asked whether he wanted the search to be taken by a Magistrate or a gazetted officer. He was also asked in writing by Shri Jagdish Purohit about search by a Magistrate or a gazetted officer and in turn he gave his willingness orally as well as in writing to be searched in the presence of a gazetted officer. On this, Narendra Singh, the Assistant Director, NCB, Jodhpur, was introduced as Gazetted Officer and in the personal search of Baroch Khan, Rs.240/-were found from the pocket of his shirt but no narcotic drug was recovered from him. However, on seeing the Degs, it was found that the bottoms of “Degs” were soldered in one inch diameter and on cutting that portion with the equipments already with them, in the first Deg, brown powder apparently seemed as heroin was found, the weight of which was 7.200 kg. Out of that material, two samples of 5 grams each were taken out and the samples and the rest of the material were sealed and marked. Likewise, another Deg contained 6.400 kgs material like heroin. samples of 5 grams each were also taken from the material recovered from this pot. The Samples as well as remaining contraband were sealed, seized and marked according to rules. On getting the samples examined chemically, same were found to be of heroin. After completion of proceedings, the Narcotics Control Bureau filed a complaint before the Court.
3. After hearing on charge, charges for the offence under Sections 8/21, 8/23 and 8/29 of the Act were framed, the same were read-over and explained to the accused. Accused denied the charges and claimed trial. The prose
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