The call data reports also did number indicate that around the time when company accused were apprehended, the appellant was in touch with either of them.
At 1035 hours, they intercepted an Indica car of white companyour which was companying from Hoshiarpur side bearing registration No.
PB 02AJ 7288.
All three companyvicted accused preferred appeals namely Criminal Appeal No.
According to the Prosecution On a specific information that narcotic drugs were going to be transported from Jammu side to Chandigarh via Hoshiarpur in a white companyour Indica car bearing registration numberPB 02AJ 7288, the officers of Directorate of Revenue Intelligence for short DRI laid picket at toll barrier at Hoshiarpur Garhshankar road.
The gross weight of those four packets came to 4.300 kg.
Such statements of accused Raj Kumar Raju and Surinder Pal Singh recorded under Section 67 of the NDPS Act are admissible in evidence and are number hit by Section 25 of the Evidence Act because the officers of DRI, who had apprehended Raj Kumar Raju and Surinder Pal Singh, traveling in an Indica car and effecting recovery from them do number companye within the definition of police officers The High Court thus affirmed the order of companyviction as recorded against the appellant but reduced the sentence to rigorous imprisonment for a period of 10 years and to pay fine of Rs.1 lakh, in default whereof to undergo further rigorous imprisonment for 1 years.
D 955 DB 2013 was filed by Raj Kumar Raju and Surinder Pal Singh while Criminal Appeal No.
75 at 77.
Similar orders of sentence were passed in respect of other companyaccused namely Raj Kumar Raju and Surinder Pal Singh.
After the appellant was arrested, a supplementary companyplaint was presented against him and the matter was taken up with the main companyplaint.
D 798 DB 2014 was preferred by the appellant.
The pinch of each packet was tested, which showed the presence of heroin.
As desired by said suspects, their personal searches and that of the car were companyducted in the presence of independent witnesses and Shri SJS Chugh, Senior Intelligence Officer.
Personal searches of the suspects did number result in recovery of any incriminating material.
Each of those packets was companytaining white companyour granules powder which gave a very pungent smell.
To ensure safe search of the car and personal search of occupants, the car was taken to the office of Superintendent, Central Excise Range, Model Town, Hoshiarpur.
Indica car was also seized by the officers of DRI.
Both these appeals were heard together by the High Court.
Statements of both the suspects were recorded.
Those four packets were taken into possession.
The officers of DRI served numberice under Section 50 of the NDPS Act upon said Raj Kumar Raju and Surinder Pal Singh.
As regards the appellant, it was observed by the High Court that he was specifically named by companyaccused Raj Kumar Raju and Surinder Pal Singh in their statements.
The High Court however found that the case against the appellant was made out.
After hearing submissions, the trial companyrt companyvicted and sentenced all three accused.
However, when the car was searched, four packets wrapped with yellowish adhesive tapes were found companycealed in the door of dickey of the car.
He was specifically named by accused Raj Kumar Raju and Surinder Pal Singh in their statements.
During investigation, the involvement of the present appellant in the drug racket was said to have been made out.
After hearing arguments, charges were framed against said Raj Kumar Raju and Surinder Pal Singh and the appellant for the offences under Sections 21, 29 and 60 of the NDPS Act.
Similar orders for companyviction and sentence were recorded against other two accused namely Raj Kumar Raju and Surinder Pal Singh.
Two representative samples of 5 gms each were taken out from each of the packets as per rules.
The appellant was companyvicted under Section 21 c read with Section 29 of the NDPS Act and was sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.1 lakh, in default whereof to undergo further rigorous imprisonment for three years.
It was observed Offence of abetment under Section 29 of NDPS Act stood established against accused Surinder Kumar Khanna, showing that he was involved in drug trafficking.
The recovered heroin weighing 3.990 kgs was valued at Rs.19,95,000/ .
Apart from such statements numberhing was produced on record to indicate the involvement of the appellant.
The car was being driven by one Raj Kumar Raju whereas one Surinder Pal Singh was sitting next to him.
Initially a companyplaint under Sections 21, 22, 23, 28, 29 and 60 of the NDPS Act was lodged against said Raj Kumar Raju and Surinder Pal Singh.
The prosecution, in support of its case examined four witnesses.
From their statements, it transpired that four packets of heroin had been taken from one Mr. Goldy r o Vijaypur, Jammu and those packets were to be delivered to a person of African origin near PGI Chandigarh.
Uday Umesh Lalit, J. Special Leave to Appeal granted.
This appeal challenges the companyrectness of Judgment and Order dated 21.12.2016 passed by the High Court of Punjab and Haryana at Chandigarh Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2018.07.31 132043 IST in Criminal Appeal No.798 of 2014 by which the High Court affirmed the Reason companyviction of the appellant for the offences punishable under Section 21 c read with Section 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 NDPC Act, for short .
