TaxTMI 
TaxTMI 
2018 (12) TMI 441
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.... 21 NDPS Act Rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 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 Rs. 1,00,000/- and in default thereof, to further undergo rigorous imprisonment for two years Name of convict Offence under Section Sentence Surinder Singh @ Bittu Atwal 21 NDPS Act Rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 1,00,000/- and in default thereof, to further undergo rigorous imprisonment for two years. 25 NDPS Act Rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 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 Rs. 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 impugn....
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....transparent polythene bag; the total number of such unstitched ladies suits recovered from the suitcase came to be thirty 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 packets were weighed and the total weight came out to 23.280 kgs.; that the carbon paper was removed from each such packet one by one and a transparent heat sealed polythene bag was recovered having marking as "Food Saver"; the 46 recovered packets were found to contain off-white/brownish powder/granules; such bags were opened and the powder gave a pungent smell. The Investigating Officer took a small quantity out of each of 46 packets testing the same with Drug Testing Kit, which gave positive indication for presence of heroin. The total net weight of heroin in 46 packets wa....
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....of Surinder Singh, 10 plastic polythene rolls with marking 'Foodsaver' on one side and date, contents, Patent Canada, 1, 315, 746 Made in USA and some inscription in foreign language on the other sides were recovered. Some small press lock polythene pouches 38 Nos., some plastic press lock pouches of bigger size in a card board bow with the marking GLAD 100 bags Zipper sand-wich Made in Thailand 97 Nos. & 28 self adhesive polythene bags of bigger size etc. besides Indian currency of Rs. 1,40,000/-; U.S. Dollars 1057 and other foreign currency were recovered from box of the bed lying there. Several other articles had been recovered and taken into possession. The case property was then produced before Chief Judicial Magistrate, Amritsar on 31.3.2008 and then deposited in Malkhana, Customs House, Amritsar on that very day. As a follow up action, search of M/s B.S. Athwal Agri Farm of Surinder Singh @ Bittu Atwal at VPO Sammipur, Lambra, District Jalandhar was conducted by officers of DRI on 23.3.2008 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....
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....nating circumstances appearing against such accused were put to them but they denied the allegations contending that they were innocent and had been falsely involved in this case. Further accused Parshotam Lal Sondhi took up a plea, which is as under: "I am innocent and falsely implicated in the present case. I am a victim of grave persecution and harassment being meted out to me by apparently unscrupulous litigants in collusion 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 about 9/9:30 p.m. from Jalandhar in the presence of Iqbal Masih, Raj Kumar, Satpal Sahota and Smt.Mona Gill. DRI officials are in civil dress and they took me at DRI Office, Amritsar at Green Avenue. I was brutally tortured by DRI Officials. On the next day, coun....
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....ch 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 Surinder Singh @ Bittu Atwal examined Dr.Gurnam Singh as DW4, Dr.Manjit Singh Rataul as DW5, Sh.Balbir Singh, Deputy Superintendent, Central Jail, Amritsar as DW6 and Smt.Palwinder Kaur as DW7. The trial Court had formulated the following points for determination: 1. Whether recovery of Heroin was made in the manner as alleged by the complainant? 2. Whether statements under Section 67 of NDPS Act made by two accused were voluntarily made and are admissible in evidence? 3. Whether statements were retracted and what is the effect thereof? 4. Whether there was conspiracy between the two accused and complainant has succeeded in proving conscious possession of heroin by the two accused? After hearing arguments, learned trial Court convicted and sentenced the accused as mentioned supra, which le....