SUPREME COURT OF INDIA

Before:- K.G. Balakrishnan and B.N. Srikrishna, JJ.

Criminal Appeals No. 547 of 2004. D/d. 22.2.2005.

Balwinder Singh - Appellant

Versus

Asstt. Commr., Customs and Central Excise - Respondent

WITH Crl. Appeal No. 548 of 2004.

A. Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 18, 22, 23, 25, 28, 29 and 30 - Customs Act, 1962 Section 108 Indian Penal Code, Section 120B - Recovery of heroin and opium from vehicle - Appellant, driver of vehicle admitted that he knew about presence of drugs in vehicle and about their illegal transport - Held that appellant committed offence under Sections 18, 22, 23, 25, 29 and 30 of Narcotic Drugs And Psychotropic Substances Act - However, appellant first offender his sentence reduced from 14 years to 10 years.

[Para 4]

B. Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 18, 22, 23, 25, 28, 29 and 30 - Customs Act, 1962 Section 108 Indian Penal Code, Section 120B - Recovery of heroin and opium from truck - Appellant found guilty on being registered owner of the truck - Appellant had sold the truck prior to occurrence of offence but registration was not changed to name of purchaser - No evidence that he knowingly allowed any person to use vehicle for any illegal purpose - No evidence that appellant had any control over the vehicle nor was he in possession of drugs - Appellant acquitted.

[Paras 2 and 3]

ORDER

K.G. Balakrishnan, J. - These two appellants, along with two others, were found guilty by the District Judge, Ludhiana for the offences punishable under Sections 18, 22, 23, 25, 28, 29 and 30 of the Narcotic Drugs And Psychotropic Substances Act and Section 120B of the Indian Penal Code. Two of them i.e. Tarlochan Singh, s/o Chet Singh and Devinder Singh were acquitted by the High Court and the present appellants i.e. Balwinder Singh and Tarlochan Singh, s/o Darshan Singh were found guilty. It is against this that the appellants have come up before this Court by way of these appeals i.e. Criminal Appeal No. 547 of 2004 was preferred by Balwinder Singh and Criminal Appeal No. 548 of 2004 was preferred by Tarlochan Singh.

Criminal Appeal No. 547 of 2004

2. The facts of this case are that on 61-1988 two trucks bearing Registration Nos. PJA 8677 and DIL 3372 were intercepted by the Central Excise and Customs Department, Ludhiana Division. The officers of the Customs Department conducted search of the vehicle in the presence of witnesses and it was found that the truck bearing Registration No. PJA 8677 was having a secret compartment and found that 175 kg of heroin and 39 kg of opium of foreign origin were concealed in this chamber. The sample was taken and it was found that these articles were opium and heroin as contended by the prosecution. During the course of investigation, the statement of the appellant was taken under Section 108 of the Customs Act and 15 witnesses have been examined. The appellant herein completely denied his culpability in the crime.

3. The present appellant has been found guilty on the ground that he was the registered owner of the vehicle PJA 8677. Counsel for the appellant contends that he purchased this lorry in 1982, along with one Kesar Singh but in 1986 he transferred the vehicle to a third party and the investigating officer, PW13, who was examined, deposed that during the course of his investigation he came to know that though the present appellant was the original owner of vehicle bearing Registration No. PJA 8677, he had sold the vehicle to one Sucha Singh in 1986, however, the registration was not changed in his name. This appellant was convicted solely for the reason that be was the registered owner of the vehicle PJA 8677. There is no evidence to prove that he knowingly allowed any person to use the vehicle for any illegal purpose. There is also no evidence to prove the conspiracy set up by the prosecution. Therefore, it is clear that though the articles were recovered from the lorry, there is no evidence to show that the appellant had any control over the vehicle nor was he in possession of these drugs. In the result, we allow the appeal and acquit the appellant Balwinder Singh of all charges framed against him.

Criminal Appeal No. 548 of 2004

4. In this case, the appellant Tarlochan Singh was the driver of the vehicle DIL 3372. He was also in custody of vehicle PJA 8677. His statement was recorded under Section 108 of the Customs Act. From his possession the articles of opium and heroin were recovered and in his statement he admitted that he knew about the presence of these drugs in the vehicle and about the transport of the drugs illegally from Ludhiana to Bombay. It is evident from the statement made by him that he committed the offences punishable under Sections 18, 21, 22, 23, 25, 29 and 30 of the Narcotic Drugs And Psychotropic Substances Act. We find no reason to interfere with the conviction and sentence entered against the appellant Tarlochan Singh and the criminal appeal stands dismissed. We are told that the appellant was convicted of this offence for the first time. The sentence imposed on him was imprisonment for a period of 14 years. Having regard to the facts and circumstances of this case, we reduce the sentence from 14 years to 10 years each for the offences under the Narcotic Drugs And Psychotropic Substances Act and for the offence under Section 120B UPC. The sentences shall run concurrently. The direction to pay fine is maintained, but the default sentences shall also run concurrently.

Appeal allowed.