THE PROSECUTION HAS PROVED ITS CASE AGAINST THE APPELLANTS BEYOND REASONABLE DOUBT.

JUDGMENT :

RAJIV SHARMA, J.

1. This appeal is instituted against judgment and order dated 04.08.2009, rendered by Special Judge, Ferozepur, in Sessions Trial No. 97 of 2009. Appellants Sukhpal Singh and Sukhdev Singh were charged with and tried for the offences punishable under Sections 21 (c) and 8 (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act' for brevity). They were convicted and sentenced to undergo imprisonment for 14 years and to pay a fine of ' 2,00,000/- each, under Section 21 (c) of the NDPS Act. In default of payment of fine, they were ordered to further undergo imprisonment for four years. The motor cycle was ordered to be confiscated to the State under Section 8 (c) of the NDPS Act.

2. The case of the prosecution, in a nutshell, is that on 28.02.2008, SI Major Singh of CIA Staff, Ferozepur, received a secret information that Sukhpal Singh alias Sukha son of Darshan Singh and Sukhdev Singh alias Sukha son of Joginder Singh were the smugglers of heroin. On the intervening night of 26/27.02.02.2018, they had received a consignment of heroin from Pakistan. Same was kept concealed by them near border. On that night, they were to deliver the same to the party. If a naka was held near the crossing of river of Palla Megha, they could be apprehended. On the basis of this secret information, SI Major Singh on the directions of higher officers and under the supervision of Rajinder Singh, DSP, Ferozepur, laid nakas at the boundaries of villages Kamalewala, Palla Megha and Akkuwala. At about 11.00 PM, one motor cycle without head-light was noticed coming from the side of Peer Berian. The motor cycle was intercepted. The person, who was sitting as a pillion rider, had placed a bag on his thighs. On enquiry, he disclosed his name as Sukhpal Singh alias Sukha. Accused Sukhdev Singh was driving the motor cycle. SI Major Singh and DSP Rajinder Singh disclosed their identity to both the accused. SI Major Singh told the accused that he had suspicion that the bag was containing some intoxicant material. He asked both the accused if they wanted to get the search of the bag conducted in his presence or in the presence of some Gazetted Officer or Magistrate as per their right. Both the accused wanted to get the search of the bag to be conducted in the presence of DSP Rajinder Singh. The consent memos Ex.P2 and Ex.P3 of both the accused were prepared. These consent memos were attested by SI Jaswant Rai, ASI Rachhpal Singh and DSP Rajinder Singh. On the directions of DSP, SI Major Singh conducted the search of the bag. It contained 25 packets of heroin. On weighment, each packet was found to be one kilogram. Two samples of 10 grams each of heroin were separated from each packet and their parcels were prepared. These parcels were numbered as 1 to 25 and 1A to 25A. The remaining bulk was found to be 980 grams in each packet. Parcels were prepared and numbered as 1 to 25. SI Major Singh affixed his seal bearing impressions 'MS' on all the parcels. DSP Rajinder Singh also affixed his seal bearing impression 'RS' on all the parcels. The Investigating Officer handed over his seal to SI Jaswant Rai. The case property along with motor cycle was taken into possession. The Investigating Officer sent ruqa Ex.PW.4/1 to police station. FIR Ex.PW.4/2 was registered. Rough site plan Ex.PW.4/3 was also prepared. Case property as well as the accused were produced before Inspector Sarabjit Singh. He took the entire case property in his possession vide memo Ex.PW.4/4. The samples were sent to the office of Chemical Examiner, Amritsar. The investigation was completed and challan was put up after receiving report of the Chemical Examiner Ex.PW.5/7.

3. The prosecution examined a number of witnesses in support of its case. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, they were falsely implicated. In their defence, they examined five witnes