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2018 (12) TMI 441

Smuggling - Heroin - recovery of Heroin made properly or not - Statements made by the accused - admissible evidence or not - Section 67 of NDPS Act - retraction of statement or not - effect of retraction - conscious possession of heroin by the two accused proved or not - Held that:- There is no illegality or infirmity with the judgment as regards the conviction of both the accused. The judgment is well reasoned one. The trial Court in light of the facts and circumstances of the case on appreciat .....

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5 (O&M) And CRA-D-115-DB of 2015(O&M) - Dated:- 30-11-2018 - MR A. B. CHAUDHARI AND MR H.S. MADAAN, JJ. For The Appellant : Mr. Anmol Rattan Sidhu, Senior Advocate with Mr. G. S. Ghuman, Advocate and Mr. Mahir Sood, Advocate And Mr. Sumit Sharma, Advocate For The Revenue-Intelligence : Mr. D. D. Sharma, Advocate, Standing Counsel for the Directorate ORDER H.S. MADAAN, J. Vide this judgment, we propose to dispose of two appeals i.e. CRA-D-46-DB of 2015 filed by appellant Parshotam Lal Sondhi and .....

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of 12 years and to pay a fine of ₹ 1,00,000/- and in default thereof, to further undergo rigorous imprisonment for two years. 29 NDPS Act Rigorous imprisonment for a period of 12 years and to pay a fine of ₹ 1,00,000/- and in default thereof, to further undergo rigorous imprisonment for two years. All the substantive sentences were ordered to run concurrently. The accused-convicts, who are appellants before this Court, pray that their appeals be accepted, the impugned judgment of the .....

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al Sondhi, resident of 876, Arjun Nagar Ladowali Road, Jalandhar; the officers of DRI questioned Parshotam Lal Sondhi and then informed him that they wanted to carry out the search and he had a right to be searched before a Gazette officer or a Magistrate; Parshotam Lal Sondhi opted to get the search conducted before a Gazetted Officer; since Parshotam Lal Sondhi requested that his personal search and that of the vehicle be carried out at a safer place as he apprehended risk to his life, therefo .....

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three and unstitched ladies suits recovered from the plastic blanket was thirteen; on opening the packing of 46 suits each one of those was found to contain a packet wrapped in a carbon paper of Kores Brand concealed within the folds of packed suits; 33 such packets were recovered from the 33 suits contained in the blue coloured suitcase, were given Serial No 1 to 33, whereas 13 packets recovered from 13 suits packed in the plastic blanket cover were given Serial No.34 to 46; that all 46 packet .....

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n. In all 92 samples had been drawn. Those were duly sealed, placed in the cotton cloth bags and thereafter stitched and sealed with the seal of DRI. The packets were placed in a steel trunk, which was locked and then wrapped with the cloth and then duly sealed. The packing material along with 46 ladies suits were placed in suitcase of blue colour, which was locked and sealed. The value of the recovered heroin was calculated to be ₹ 1,11,25,000/- in Indian market @ ₹ 5 lacs per kg. a .....

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ar (Duty), who remanded him to judicial custody. The case property was deposited with Customs House Malkhana, Amritsar. As a follow up action, residential house of Parshotam Lal Sondhi bearing No.876, Arjun Nagar, Jalandhar was searched on 18.4.2008 but nothing incriminating was recovered. The house of Surinder Singh alias Bittu Atwal at village Sammipur, Tehsil and District Jalandhar was also raided by officer s of DRI on 23.3.2008, during the course of which from one cup board of Surinder Sing .....

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08 but nothing incriminating was recovered therefrom. Notice was sent to Surinder Singh @ Bittu Atwal for his appearance in DRI Office, Amritsar but he did not come. Despite notices being issued to him time and again, he did not put in appearance. He had moved an application in the Court for grant of pre-arrest bail, which was dismissed on 24.4.2008 by Special Judge, Amritsar. He had moved a similar application in this Court, which was also dismissed on 23.5.2008. The representative samples had .....

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e pleaded not guilty. However, after arrest of accused Surinder Singh @ Bittu Atwal, supplementary (amended complaint) was filed and Parshotam Lal Sondhi as well as Surinder Singh @ Bittu Atwal, accused were charge-sheeted for the offences under Sections 21, 23, 60, 29, 25 of NDPS Act, to which, they pleaded not guilty and claimed trial. The case was then fixed for evidence of the prosecution. During the course of its evidence, the prosecution examined as many as five witnesses i.e. PW1 HC Swara .....

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ion as well as in conspiracy with certain influential vested interests who have completely unleashed in rein of terror by blatantly subverting the process of law. I was victim of political high handedness. I was Vice President of All India Youth Akali Dal Badal. I am also politically activated person in the State of Punjab and I represent SC/ST of the State. I used to agitate against the congress Govt. and due to this reason I was picked up by the employees of DRI, Jalandhar on 23.3.2008 at abou .....

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few blank papers signed from my wife. They also threatened and pressurized her to give a statement in her handwriting which was according to their wishes and pleasure. She was feeling helpless as they were using filthy languages and she gave statement to save me and our family members. Officers of DRI also took some Indian currency as well as foreign currency from my house which were given to me by my relatives outside India. They took my passport, my election ID card, passbook, bank statement .....

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t later on I gathered my courage and gave my retraction through Jail Superintendent to Court of Shri PP Singh, Addl. Sessions Judge, Amritsar which is mark DX. In defence evidence, accused Parshotam Lal Sondhi examined Smt.Sukhraj Kaur, Clerk, Office of District Election Officer, Amritsar as DW1, Sh.Alok Kumar Kaul, Senior SDE as DW2, Sh.Chranjit Lal, Tax Assistant as DW3, Smt.Sunita @ Mona as DW8, Sh.Parminder Singh as DW9 and Ashwani Kumar as DW10. Whereas in his defence evidence, accused Suri .....

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framed against them. We have heard learned counsel for the parties besides going through the record and we do not find any illegality or infirmity with the judgment as regards the conviction of both the accused. The judgment is well reasoned one. The trial Court in light of the facts and circumstances of the case on appreciation of evidence adduced by the complainant taking into view the stand taken by the accused in the defence and evidence adduced by them in that regard had come to the conclu .....

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