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2002 Supreme(P&H) 1337
PUNJAB & HARYANA HIGH COURT
R.L.Anand and K.S.Garewal JJ.
Tarlochan Singh
Versus
Assistant Commissioner, Customs
Criminal Appeal No. 258-DB of 2002,
Decided On : DECEMBER 3, 2002
The conscious possession and awareness of illegal activities are crucial in establishing liability under the Narcotic Drugs and Psychotropic Substances Act.
Headnote:
Narcotic Drugs and Psychotropic Substances Act - Conviction and Sentencing - Sections 23, 25, 29, 120-B of NDPS Act and Section 120-B of IPC
Fact of the Case:
The case involved the conviction of four appellants under Sections 23, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act and Section 120-B of the Indian Penal Code. The appellants were found guilty of illegal transportation and possession of heroin and opium, as well as abetting and conspiring for their illegal import into India.
Finding of the Court:
The court found that the appellants were involved in the illegal transportation and possession of narcotic drugs, and that they were aware of and participated in the conspiracy for their illegal import into India. The court also considered the admissibility of statements recorded under Section 108 of the Customs Act, 1962, and the lack of evidence against certain appellants.
Issues: The issues revolved around the admissibility of evidence, the liability of the appellants, and the sufficiency of evidence to establish guilt beyond reasonable doubt.
Ratio Decidendi: The court held that the statements recorded under Section 108 of the Customs Act were admissible as evidence, but not enough on their own to establish guilt. The court also found that conscious possession and awareness of the illegal activities were key factors in establishing liability.
Final Decision: Two appellants were acquitted due to lack of evidence establishing their guilt beyond reasonable doubt, while the convictions and sentences of the other two appellants were maintained.
R.L.Anand, J.
1. By this judgment, we dispose of four Criminal Appeals i.e. Crl.A. No. 258-DB of 2002 Tarlochan Singh v. Assistant Commissioner, Custom, Crl.A. No. 283-DB of 2002 Balwinder Singh v. The Assistant Commissioner Custom, Crl. Appeal No. 311-DB of 2002, Devinder Singh v. The Assistant Commissioner, Custom and Crl. Appeal No. 323-DB of 2002 Tarlochan Singh v. The Assistant Commissioner Custom as these four appeals have arisen from a common judgment and order dated 13.3.2002, passed by the Judge, Special Court, Ludhiana, who convicted Balwinder Singh and Devinder Singh aforesaid appellants, under Sections 23, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, and sentenced each one of them to undergo imprisonment for 14 years and to pay a fine of Rs. 1,00,000/- each. In default of payment of fine each one of them was directed to undergo simple imprisonment for a term of two years. They were also convicted under Section 120-B of the Indian Penal Code and sentenced to undergo R.I. for a period of ten years each and to pay a fine of Rs. 1,00,000/- each. In default of payment of fine each one of them was directed to undergo simple imprisonment for two years.
2. Tarlochan Singh son of Darshan Singh and Tarlochan Singh son of Chet Singh aforesaid were convicted under Sections 18, 22, 23, 25, 28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act and each one of them was sentenced to undergo R.I. for 14 years each and to pay a fine of Rs. 1,00,000/- each and in default of payment of fine each one of them was directed to undergo simple imprisonment for a term of two years each. They were also convicted under Section 120-B of the Indian Penal Code and each one of them was sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs. 1,00,000/- each. In default of payment of fine each one of them was directed to undergo simple imprisonment for a term of two years.
3. The learned Special Court also ordered that all the sentences awarded to the appellants shall run concurrently.
4. The aforesaid four appellants were charge-sheeted as follows :-
Balwinder Singh was charge-sheeted under Sections 23, 25 and 29 of the NDPS Act and Section 120-B of the Indian Penal Code on the allegations that he is the owner of Truck No. PJA 8677 and he knowingly permitted its use for illegal transportation, keeping Heroin and opium by Tarlochan Singh who transported 175 Kgs. of Heroin and 39 kgs. of Opium on 6.1.1988 and that he abetted and conspired with Tarlochan Singh son of Darshan Singh and Tarlochan Singh son of Chet Singh, Bachan Singh, Sucha Singh, Surmukh Singh, Pargat Singh, Devinder Singh, Guriqbal Singh, Kundan Singh and Baz Singh for illegal import of Heroin and opium into India and thus, he allegedly committed the offences as mentioned above.
5. Tarlochan Singh son of Darshan Singh, appellant of appeal No. 323-DB of 2002, was charge-sheeted under Sections 18, 22, 23, 25, 28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act and Section 120-B of the Indian Penal Code on the allegations that on the night of 5/6.1.1988 at Ludhiana, Heroin 175 kilograms of foreign origin and opium weighing 30 kgs (39 kgs. ?) was found concealed in Truck No. PJA-8677 and that this man was in actual possession of Truck No. DIL-3372 along with the keys. It is also alleged against this man that he attempted, abetted and conspired with Tarlochan Singh son of Chet Singh, Bachan Singh, Sucha Singh, Surmukh Singh, Pargat Singh, Devinder Singh, Guriqbal Singh, Kundan Singh and Baz Singh for the illegal import of the heroin and opium from Amritsar to Bombay.
6. The trial Court framed the charge against Shri Devinder Singh son of Naranjan Singh under Sections 23, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act on the allegations that he knowingly permitted the use of Truck No. DIL-3372 of which he was the owner for transporting the heroin and opium by Shri Tarlochan Singh son of Chet Singh
