IMPORTANT POINT
Contraband-Transportation of - Acquittal-Co accused, son of accused, did not know as to from where it had come and where it is to be taken

Mehtab S.Gill, J.

1. We will be deciding Criminal Appeal No. 653-DB of 2001 and Criminal Appeal No. 403-DB of 2002 by a common order/judgment, as they arise out of the same judgment/order dated 24.9.2001 of the learned Special Judge, Fatehgarh Sahib.

2. The learned trial Court convicted Inder Singh son of Kartar singh, Harpreet Singh son of Inder Singh and Pardeep Kumar Bera son of Ramesh Chander under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentenced them to undergo 12 years R.I. Fine of Rs. one lac was also imposed, in default of payment of fine to further undergo R.I. for one year.

3. A complaint Ex.PEE was filed before the Special Judge, Fatehgarh Sahib by the Intelligence Officer, Directorate of Revenue Intelligence (hereinafter called as DRI), M-1/C, Green Avenue, Amritsar against Inder Singh, Harpreet Singh and Pardeep Kumar Bera under Sections 21, 23, 28 and 29 of the NDPS Act.

4. Inderjit Singh Aneja, Intelligence Officer stated in his complaint, that he received specific information, which was reduced into writing, copies of which were sent to his superior officers. The information was that Inder Singh, Harpreet Singh and Pardeep Kumar were transporting heroin to Delhi from Amritsar in Maruti car No. DL-5CA-3417. The car was intercepted near Bhakra Canal Bridge Octroi Post, Mandi Gobindgarh at 12.00 noon on 13.6.2000. All legal formalities to search the car were completed. Two independent witnesses Harbhajan Singh and Kirpal Singh were joined. Search of the car was made in their presence. Under the speaker box, 10 plythene packets bearing marking `Sajjad, Sheesha Three Star (written in Urdu) were recovered. Marking of the packets was made, which are to Ex.P1 to Ex.P10. The heroin weighed 10.330 Kg. Net weight being 9.830 Kg. The 10 packets were divided into two lots. 5 gms sample was taken from each packet after making a homogeneous mixture. 10 packets of heroin were sealed and put into a steel trunk. The steel trunk was locked and wrapped with white cloth and sealed with the seal of DRI, with a paper slip, bearing signatures of the complainant, appellants and the two independent witnesses. Samples were put in a Khaki envelope and sealed with seal of DRI with paper slips. They were attested by the complainant, appellants and the witnesses. Panchnama dated 13.6.2000 was prepared, which was signed by witnesses.

Voluntary statements under Section 67 of the NDPS Act dated 13.6.2000 were recorded, without any threat, inducement or pressure. Appellants were arrested on 14.6.2000, as they had committed an offence under the NDPS Act. Accused along with the case property, samples and other relevant documents i.e. panchnama etc. were produced before the Sub Divisional Judicial Magistrate, Amloh (Fatehgarh Sahib). Vide covering letter dated 15.6.2000, the samples in original were sent to the Chemical Examiner, Central Revenue Control Laboratory, New Delhi through Shri T.P.S. Sandhu, Intelligence Officer, DRI, Amritsar. The report of Chemical Examiner, Central Laboratory, New Delhi dated 26.6.2000 was received on 29.6.2000 by registered post.

5. The prosecution to prove its case brought into the witness box Lal Singh Maroria PW1, Diwakar Joshi PW2, Charanjit Singh Superintendent PW3, Inderjit Singh Intelligence Officer PW4, T.P.S. Sandhu, Intelligence Officer PW5 and S.R. Bangar Inspector PW6.

6. The main thrust of the argument of the learned counsel for the appellants was the statement given by appellants Inder Singh, Harpreet Singh and Pardeep Kumar under Section 67 of the NDPS Act. Learned counsel for the appellants has argued, that provisions of Section 50 of the NDPS Act were not complied with. The consent memo Ex.PE was a joint consent memo and thus it cannot be taken into consideration. The two independent witnesses Harbhajan Singh and Kirpal Singh though were joined/associated by the raiding party, but they were not produced in Court. The co