The admissibility of a statement under Section 164 Cr.P.C. of an accused subsequently and the evaluation of material on record to justify framing of charges under the NDPS Act.

SUDHIR MITTAL, J.

The petitioner-Jatin Salwan seeks setting aside of Order dated 13.10.2017 passed by the learned Judge, Special Court-cum-Additional Sessions Judge, Chandigarh, whereby, charges have been framed against him under Sections 18 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’) and Sections 489-C, 201 and 212 read with Section 120-B of the Indian Penal Code, 1860 as amended upto date (hereinafter referred to as ‘IPC’).

2. Bare essential facts are that on 16.06.2016, S.H.O, Police Station Maloya, Chandigarh, was on patrolling duty with his police party when secret information was received that a blue coloured Maruti Car bearing registration No. CH-01-AE-0224 was coming from Sector-38 (West), Chandigarh and was carrying opium. On receipt of this information, the police party intercepted the said vehicle and apprehended one Sh. Bhagwan Singh son of Naryan Singh. After his apprehension, S.I Juldan Singh of Crime Branch also reached at the spot with his police party as he was also in possession of information regarding carriage of narcotics in blue Maruti car. Provisions of Section 50 of NDPS Act were complied with and the said car was searched, which yielded 02 kilograms and 600 grams of opium, which was hidden in between files. The search also yielded a sum of Rs.14,99,000/- in currency notes of Rs.1,000/-, packed in fifteen bundles. The currency was also hidden in a file cover, wherein the papers had been cut out to accommodate the currency. A paper cutting having a photo of Sikh youth with his name ‘Montu’ and two mobile numbers written on it, was also recovered. Formalities of sealing the case property and recording of statements of witnesses, were completed and Bhagwan Singh alongwith the seized contraband was produced in the Court of Judicial Magistrate First Class, U.T., Chandigarh. The Court drew two samples of 200 grams. each.

3. During the investigation, Bhagwan Singh disclosed that his employer one Sukhbir Singh Shergill had sent him to collect files from a person named ‘Bhinder’ and that he knew nothing about the opium and currency notes recovered from his car. His employer had directed him to call a person named Mr. Bansal on a particular mobile number, who directed him to collect some files from a person named ‘Bhinder’ from Dhillon Barrier, Manimajra. On reaching Dhillon Barrier, Manimajra, he did not find ‘Bhinder’ and he informed Mr. Shergill about the same. Meanwhile, Mr. Bansal called him again and directed him to collect files from near Shakti Bhawan, Panchkula. On reaching the spot, he was met by a lady, who placed a bundle of files in his car and on asking about her identity, she made him talk to ‘Bhinder’ on mobile phone, who told him that he is waiting for him in Sector-40, Chandigarh. Sukhbir Singh Shergill joined investigation and he disclosed that certain persons including one Navjot Singh Dhaliwal were inimical towards him and that they might have involved him in a false case. Investigation revealed that Sukhbir Singh Shergill had received a call on 06.06.2016 from a stranger from Canada, who called himself Mr. Bansal who told Mr. Shergill that he could help him in his litigation against Punjab Infotech officials. Messages were exchanged on whatsapp between Mr. Bansal and Mr. Shergill and the meeting on 16.06.2016 was arranged.

4. The investigating officer then contacted S.I. Juldan Singh aforementioned to confirm his source of information regarding the opium and he revealed that the Inspector Incharge, Crime Branch, namely, Gurmukh Singh had told him about the contraband being transported in blue Maruti car. Inspector Gurmukh Singh was contacted thereafter and he disclosed that one retired Inspector, namely, Tarsem Singh Rana had provided the information in the morning on 16.06.2016. On the instructions of Inspector Gurmukh Singh, S.I. Juldan Singh contacted Tarsem Singh Rana, who personally met him in Sector-15, Chandigarh and