TMI Blog2017 (3) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... misused by him. There is no other case registered against him. No remission has been given to the appellants in view of the provisions of Section 32 of the NDPS Act. Therefore, the period of imprisonment that is mentioned is actual imprisonment and despite being in custody for a long period, the appeal of the appellants could not mature for hearing. Therefore, the appellants were only carriers and have not been involved in any other case and during imprisonment they did not misuse the concession of parole that was granted, besides, their appeal has not matured for hearing even though they have undergone substantial period of their imprisonments, it would be just and expedient to reduce their sentences of imprisonments to eleven years and the amount of fine to ₹ 1,00,000/- each and in default of payment thereof, undergo further rigorous imprisonment for one year. - CRA-D No. 598-DB of 2010 (O&M) - - - Dated:- 1-3-2017 - S. S. Saron And Darshan Singh, JJ. Mr. K.S. Dhaliwal, Advocate, for the appellants Mr. D.D. Sharma, Advocate, for the respondent - Narcotics Control Bureau, Chandigarh Ms. Amarjit Kaur Khurana, Additional Advocate General, Punjab ORD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Punjab, which was referred by the DGP, Punjab to the Senior Superintendent of Police, Ferozepur. Besides, Bakhshish Singh, Sarpanch of village Usmanwala (DW2) was examined who stated that about three or four years prior to 23.12.2005, police officials and officials of police from Chandigarh came to their village in a large number. They included high police officials. Some of the villagers of their village were detained by them for questioning; besides, for three or four days prior to 23.12.2005 raids were conducted by them in many houses of their village. From a vacant land outside the village, bags were recovered which contained illegal materials. Thereafter, Jassa Singh and Avtar Singh accused (appellants) were taken from their houses and falsely implicated in the present case. In cross-examination, he stated that he was not a summoned witness and he himself had come to depose in Court. He had been informed by relatives of the appellants to come to the Court on that day. Both the appellants were his co-villagers and were cordial with him. No resolution was passed by the Panchayat of the village regarding false implication of the accused (appellants) in the present case. No repres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he periods of imprisonment undergone by the appellants. The affidavits are taken on record. We have given our thoughtful consideration to the matter and have gone through the records with the assistance of learned counsel for the parties. The limited issue that is involved in the appeal is regarding quantum of sentence. The prosecution case is that a secret specific information was received by Ravi Kant Pawar, Intelligence Officer (PW2) on 22.12.2005 at about 10:30 p.m. that the appellants were to transport a huge consignment of narcotic drugs/heroin for some unknown destination. The contraband was to be transported on a black colour TVS Centra motorcycle. They were to pass through Aarifke-Mutthianwala road Ferozepur before 06:30 a.m. on 23.12.2005. The information that was received was reduced into writing and put up before the Superintendent, NCB. The Superintendent, NCB informed the Zonal Director and he directed the Intelligence Officer (PW2) to constitute a team and reach Ferozepur. The Ferozepur police was also asked to be associated to set up a check-post ('naka') on the Aarifke-Mutthianwala road. The complainant (PW2) along with Balvinder Kumar, Intelligence O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the witnesses. The Intelligence Officer - Ravi Kumar Pawar (PW2) offered himself for search and also offered the search of his team. The same was, however, declined by the appellants. Thereafter, a search was conducted. On opening the bag, another jute bag containing some 'khaki' colour packets were found. The contents of the same were asked to be emptied on the ground. On doing so, almost identical twenty-six packets packed with 'khaki' tape adhesive were recovered from the bag. Eight packets had a black tape strip while seven had a white strip on them and some of the packets were of light 'khaki' colour. During inquiry, the appellants disclosed that all the twenty-six packets contained heroin which they were bringing from village Muttianwala from the house of Avtar Singh (appellant No.1) for further concealing it in the house of Jassa Singh (appellant No.2) at village Usmanwala. From the personal search of Avtar Singh alias Tari (appellant No.1), one silver colour pistol No. 67120, CAL 30 MOUSER made in China by NORIN Co. with five live cartridges in the magazine was recovered. During preliminary investigation by the Intelligence Officer - Ravi Kan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the basis of chemical and chromatographic examinations it is concluded that each of the six samples under reference answers positive test for 'diacetylmorphine' (heroin) . It is also mentioned in the complaint that due to lack of proper identification and address of Barha Singh, he could not be traced and no action could be taken. It is to be noticed that the appellants made their statements under Section 67 of the NDPS Act, i.e. statement Ex. P12 was made by Avtar Singh (appellant No.1) and statement Ex. P13 was made by Jassa Singh (appellant No.2). They disclosed the name of one Barha Singh, who was to supply the drugs. Said Barha Singh used to talk directly with Shaunka and Waris, who are stated to be smugglers from Pakistan side. However, the NCB could not trace Barha Singh at Delhi. The learned Judge, Special Court, Ferozepur, in his judgment and order dated 08.12.2009 observed that during preliminary investigation conducted by the NCB, both the accused (appellants) disclosed that they had received twenty-six packets of heroin, pistol and cartridges, which were thrown by Pakistani smugglers from across the fencing of Indo-Pak border near Hussainiwala on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced that Avtar Singh alias Tari (appellant No.1) has undergone actual imprisonment of nine years, eleven months and five days as on 27.02.2017. He has availed of parole for a period of one year, two months and twenty-three days. However, he did not misuse the concession of parole that was granted. He was also convicted for the offence under Section 25 of the Arms Act in the same transaction and he filed criminal appeal, i.e. CRA-S No. 1180-SB of 2010, in this Court and he has undergone his sentence in the said case. There is no other case registered against him. Jassa Singh alias Dodhi (appellant No.2) has undergone actual imprisonment of nine years, nine months and nine days as on 27.02.2017. He has availed of parole for a period of one year, four months and nineteen days. The concession of parole that was granted to him was not misused by him. There is no other case registered against him. No remission has been given to the appellants in view of the provisions of Section 32 of the NDPS Act. Therefore, the period of imprisonment that is mentioned is actual imprisonment and despite being in custody for a long period, the appeal of the appellants could not mature for hearing. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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