Judgment INDERJIT SINGH, J. The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 16.01.2007, passed by the Judge, Special Court, Amritsar, whereby he was convicted and sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs.2 lacs and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 21 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. He was further sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs.2 lacs and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 23 of NDPS Act, 1985. Both the sentences were ordered to run concurrently. The brief facts of the prosecution case are that on 11.06.2003 Inspector Vijay Singh, who was posted as Inspector Central Excise (ICS) Attari road, received information in writing Ex.PA from Narcotic Control Bureau, Chandigarh which bears signatures of K.P.Singh, Intelligence Officer, that one person of Nigerian origin and one person of Kenyan origin were bringing drugs into India by concealing the same in their bags and in their bodies and were entering from Pakistan to India. The information was received at 10.10 A.M. The information was reduced into writing and sent to the senior officer of the Customs Department. On 11.06.2003, accused-appellant Linus Ameka Nweka came from Pakistan to India at land Customs Station Attari road. As the Investigating Officer Vijay Singh was officiating the incoming passenger clearing duty, accused-appellant was asked to declare whether he was carrying any contraband, narcotic, fake currency, explosives and other prohibited items etc. but he replied in negative. As there was specific information, he was again asked to declare whether he was carrying any narcotic drugs and then accused became nervous. Thereafter, two independent witnesses were called namely Surinder Singh and Tarlok Singh. Satnam Singh Superintendent disclosed his identity to the accused that he is a Gazetted Officer of Customs. Then the Investigating Officer intimated the accused of his legal right to have his personal search conducted before Gazetted Officer or Magistrate. Accused opted to have his personal search before the Gazetted Officer. Separate intimation-cum-option memo was prepared which was explained to the accused. Then the Investigating Officer intimated the accused of his legal right to have his personal search conducted before Gazetted Officer or Magistrate. Accused opted to have his personal search before the Gazetted Officer. Separate intimation-cum-option memo was prepared which was explained to the accused. The option memo is Ex.PB signed by the witnesses and accused and consent memo is Ex.PB/1 signed by the accused and attested by Surinder Singh and Tarlok Singh. Then the accused was specifically asked whether he has concealed the drugs in his body. After initial hesitation, accused disclosed that he has swallowed as well as inserted drugs in the form of capsules. After taking food and liquid, the accused desired to pass out stool. Then he was made to move in a temporary curtained enclosure and he was provided with empty metallic tray. Then the accused passed-out 11 capsules in the presence of independent witnesses, Investigating Officer, Satnam Singh, Supdt. and K.P.Singh Intelligence Officer and those capsules were examined. A silver colour foil form the outer cover of the capsules. After removing the silver foil and cutting those 11 capsules, 185 grams substance was found, which was made homogeneous and tested with drug testing kit and it was found positive for heroin. Then the accused was offered some bananas and cold drinks and then the accused again expelled 10 similar type of capsules. The contents of these capsules were weighed which came to 175 grams. The contents of both these recoveries were put in a polythene envelop and total weight was 360 grams, which was packed and sealed with seal No.82 Custom Division, Amritsar and kept in safe custody and seal after its use was handed over to competent authority. On the next day, accused again expelled 7 similar type of capsules containing 125 grams heroin and same was also sealed with the seal No.82 of Customs Division, Amritsar and the previous packing containing 360 grams was opened and whole of the heroin of 28 capsules was put together and was made homogeneous and on weighment it came to be 485 grams of heroin. Two representative samples of 5 grams each were drawn from the main bulk, packed and sealed with seal No.82 of Customs Division, Amritsar and the remaining bulk was put in the polyjar and after putting packing material, sealed parcel was prepared for the remaining heroin. Two representative samples of 5 grams each were drawn from the main bulk, packed and sealed with seal No.82 of Customs Division, Amritsar and the remaining bulk was put in the polyjar and after putting packing material, sealed parcel was prepared for the remaining heroin. Seal after its use was returned to competent authority. Case property was taken into possession vide panchanma Ex.PD. Accused was arrested on 11.06.2003 and Special Report Ex.PH was sent to the higher officers. On 12.06.2003, accused along with bulk heroin and two representative samples were produced before Sh.R.K.Singla, JMIC(D) Amritsar. Case property along with representative samples were deposited with Incharge Malkhana vide inventories Ex.PK and Ex.PL with all seals intact. Statement of accused under Section 67 of NPDS Act was recorded on 11.06.2003 before Satnam Singh, Superintendent, Customs without any threat, promise, influence or coercion where the accused admitted the mode of recovery and factum of recovery. Accused was made aware that this statement, if so recorded, can be used against him in any court of law. Accused further admitted that he had come from Nigeria to Pakistan on 29.05.2003 and stayed at Al-Mustapha Hotel in room No.223 at the instance of Mohd. and that Mohd. resides at Lagos. He further told that a person named I.Bom met him in the aforesaid hotel, who further directed him that a person named Ali will meet him in hotel Royal Lahore in room No.105 and that person gave him the consignment and further directed him to hand-over the said consignment of capsules to Mr.Latif at Delhi and also gave him contact number of Latif i.e. 98111-59189. Statement of accused is Ex.PM. On 13.06.2003, in the presence of two independent witnesses Narinder Kumar and Talwinder Singh and also in the presence of customs officials, accused expelled 23 similar type of capsules containing 375 grams of heroin, which were also opened and made homogeneous and tested with drug kit and it was found positive of heroin. It was also packed and sealed with seal No.82 of Customs Division, Amritsar. On the same day at about 12.00 noon, the accused expelled 15 similar type of capsules. These were opened and contents were weighed which came to 230 grams. It was tested with drug testing kit and found positive for heroin. It was also packed and sealed with seal No.82 of Customs Division, Amritsar. On the same day at about 12.00 noon, the accused expelled 15 similar type of capsules. These were opened and contents were weighed which came to 230 grams. It was tested with drug testing kit and found positive for heroin. Thereafter, 375 grams and 230 grams of heroin were mixed and total weight was 605 grams and two representative samples of 5 grams each were drawn and were sealed with seal No.82 of Customs Division, Amritsar and the remaining bulk weighing 595 grams was also packed and sealed with seal No.82 and were taken into possession vide recovery memo-cum-panchnama Ex.PN. As the accused had stated in his statement dated 11.06.2003 that he had concealed 70 capsules, but only 66 capsules were extracted. So, medical help was thought to be necessary for retrieving the remaining capsules. A letter addressed to Civil Surgeon, Amritsar Ex.PP was sent on 13.06.2003 and Civil Surgeon referred it to Emergency Medical Officer vide memo Ex.PQ and further referred it to observation Ex.PR. On 13.06.2003 in the Emergency Ward of Civil Hospital, accused expelled 9 capsules of similar type and again on the same day at 7.00 P.M., he expelled 6 more similar type of capsules. The contents of these 15 capsules were weighed, which were found to be 250 grams and after testing the contents with drug testing kit, it was found positive for heroin. Two representative samples of 5 grams each were drawn and packed and sealed with seal No.82 of Customs Division, Amritsar. The remaining bulk was also packed and sealed with seal No.82 and taken into police possession vide recovery memo-cum-panchnama Ex.PT, which was signed by Dr.Jasbir Singh, Investigating Officer, Satnam Singh, K.P.Singh, independent witnesses and also by accused. The seal after its use was handed over to the competent authority. On 13.06.2003 at about 11.00 P.M. accused expelled 10 more similar type of capsules in the presence of independent witnesses, Investigating Officer, Satnam Singh, K.P.Singh and Dr.Gurchetan Parkash. All the 10 capsules were put in a poly jar and sealed with seal No.82 of Customs Division, Amritsar. On 14.06.2003 at about 7.00 A.M. accused again expelled 9 similar type of capsules. After cutting the capsules, the contents were found to be 150 grams, which were tested by drug testing kit and the same were found positive for heroin. All the 10 capsules were put in a poly jar and sealed with seal No.82 of Customs Division, Amritsar. On 14.06.2003 at about 7.00 A.M. accused again expelled 9 similar type of capsules. After cutting the capsules, the contents were found to be 150 grams, which were tested by drug testing kit and the same were found positive for heroin. Thereafter, 10 capsules expelled on the night of 13.06.2003 were also opened after cutting and the contents were found to be 165 grams, which were tested with drug testing kit and same were found positive for heroin. Then the contents of both the recoveries were put together, total weighing 315 grams of heroin which was mixed and made homogeneous. Then at the instance of senior officer, custody of accused along with case property was handed over to Inspector Deepak Gupta, who was already present there, as the Investigating Officer Vijay Singh was exhausted being working since 11.06.2003. Thereafter, two representative samples of 5 grams each were drawn by Inspector Deepak Gupta and were sealed with seal No.82 of Customs Division, Amritsar and remaining bulk was also packed and sealed with seal No.82. Seal after its use was returned to competent authority. The case property was taken into possession vide recovery memo-cum-panchnama Ex.PW. On 14.06.2003 at about 11.00 A.M., accused expelled 3 similar type of capsules. After cutting these capsules, the contents were found to be 50 grams, which were tested with drug testing kit and found positive for heroin. Two representative samples of 5 grams each were drawn by Inspector Deepak Gupta in the presence of Investigating Officer Vijay Singh and packed and sealed with seal No.82 of Customs Division, Amritsar and the remaining bulk was also packed and sealed with seal No.82. Seal after its use was returned to competent authority. The case property was taken into possession vide recovery memo-cum-panchnama Ex.PY. Accused could not produce any legal document or evidence for the possession of heroin. Seizure memo Ex.PZ, giving the complete details of recoveries was prepared, which bears the signatures of Investigating Officer and accused. In all, 1705 grams of heroin concealed in 103 capsules in the body was recovered through different processes. On 14.06.2003, accused along with the case property and representative samples were produced before JMIC(D) and case property was deposited with Incharge Malkhana with seals intact on the same day. In all, 1705 grams of heroin concealed in 103 capsules in the body was recovered through different processes. On 14.06.2003, accused along with the case property and representative samples were produced before JMIC(D) and case property was deposited with Incharge Malkhana with seals intact on the same day. Accused was discharged from Civil Hospital on 15.06.2003. Voluntary statement of accused dated 16.06.2003 under Section 67 of NDPS Act was recorded before Satnam Singh, Superintendent Customs without any threat, promise, influence or coercion and he was made aware that his statement, if it so recorded, can be used against him in any court of law and accused admitted the factum of recovery and mode of recovery. Accused further admitted that capsules were handed over to him by Ali in hotel Royal in Lahore. He inserted 10 capsules through rectum and rest swallowed along with water. He further told that he started swallowing capsules on the night of 10.06.2003 and it took about four hours to complete this exercise and finished at 5.00 A.M. on 11.06.2003. He further admitted that Ali paid him 150 US dollars and further admitted that after reaching Delhi, Mr.Latif was to give him 3000 US dollars on delivery of these capsules. Accused admitted that he was aware of risk of his life and he was carrying heroin for consideration of 3000 US dollars and he had knowledge that the capsules were concealed in his body. The statement of accused is Ex.PDD. Accused was examined by Inspector Deepak Gupta and tendered statement before Satnam Singh, Superintendent and signed the same. Accused also made supplementary statement under Section 67 of the NPDS Act before Superintendent Customs and again on 18.06.2003 also he corroborated the previous statements. Both these statements were recorded by Inspector Deepak Gupta, Satnam Singh, Superintendent and signed by accused without any coercion or influence. Five representative samples after withdrawing from Incharge Malkhana were sent to Chief Chemical Examiner, Cental Revenue Control Laboratory, New Delhi with seals intact. Ex.PJJ is the passport of the accused and Ex.PJJ/1 is the immigration stamp dated 11.06.2003 showing arrival of the accused at immigration Attari Road. After necessary investigation, challan was presented against the accused-appellant, before the Court. Five representative samples after withdrawing from Incharge Malkhana were sent to Chief Chemical Examiner, Cental Revenue Control Laboratory, New Delhi with seals intact. Ex.PJJ is the passport of the accused and Ex.PJJ/1 is the immigration stamp dated 11.06.2003 showing arrival of the accused at immigration Attari Road. After necessary investigation, challan was presented against the accused-appellant, before the Court. On presentation of challan, copies of challan and other documents were supplied to the accused-appellant under Section 207 Cr.P.C. Finding prima facie case, accused-appellant was chargesheeted under Sections 21 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to which he pleaded not guilty and claimed trial. In support of its case, the prosecution examined PW-1 Inspector Vijay Singh, who mainly deposed regarding conducting of investigation of this case. PW-2 Inspector Customs Deepak Gupta mainly deposed regarding conducting of investigation of this case from the night of 13.06.2003 and further deposed as per prosecution version. PW-3 Sarabjit Singh, Inspector Malkhana, mainly deposed regarding depositing of case property and representative samples on 13.06.2003 by Inspector Vijay Singh. He further deposed that on 16.06.2003, representative samples were withdrawn by Inspector Vijay Singh from malkhana for sending the same to CRCL, New Delhi. PW-4 T.R.Kaushal, Supdt. Malkhana also deposed regarding depositing of case property and representative samples in the Malkhana. PW-5 Satnam Singh, Superintendent Customs, mainly deposed as per prosecution version. At the close of prosecution evidence, the accused-appellant was examined under Section 313 Cr.P.C. and he denied the correctness of the evidence and pleaded himself as innocent. No evidence has been led in defence. On the basis of the evidence produced by the prosecution, accused-appellant was convicted and sentenced as stated above by the Judge, Special Court, Amritsar. At the time of arguments, learned counsel for the appellant argued that in the present case prosecution is to prove the possession of the accused beyond doubt. There are two independent recovery witnesses in the present case but those have not been examined. The doctors have also attested the memos but in the present case, no doctor has been examined. The story of the prosecution is improbable. Case property was not produced in the present case. Secondly, the capsules inside the body of appellant can easily be detected by X-ray machine, when he entered into India for custom clearance purpose. The doctors have also attested the memos but in the present case, no doctor has been examined. The story of the prosecution is improbable. Case property was not produced in the present case. Secondly, the capsules inside the body of appellant can easily be detected by X-ray machine, when he entered into India for custom clearance purpose. Learned counsel for the appellants further argued that five separate panchnamas were prepared and different have been shown starting from 1.00 P.M. on 1.06.2003 and even joint panchnama was also prepared by the Investigating Officer. Their being only police officials examined in the present case, they are interested witnesses and cannot be believed in the absence of independent witnesses. Learned counsel for the appellant next argued that narcotic brought by some other person has been falsely planted upon the accused-appellant. Learned counsel for the appellants further argued that there is ritual compliance of Section 50 of the NPDS Act and the appellant was not informed regarding his legal right. It is also argued that Customs Officers are also police officials and they cannot write confession. Learned counsel for the appellant next argued that there is no compliance of Section 42 of the NDPS Act. It is not clear that to whom the seal was handed over. Learned counsel for the appellant, in the alternative, prayed for reduction of sentence of accused-appellant to ten years. On the other hand, learned Additional Advocate General, Punjab for respondent No.2-State has argued that case of the prosecution has been duly proved by the PWs. There is no enmity or motive of police officials to depose falsely against the accused. These police officials and customs officers have consistently deposed regarding recoveries. There is no reason or ground why they will depose falsely. Learned State counsel further argued that compliance of all the provisions of NDPS Act has been made. There is nothing on the record to show any tampering with the samples. Link evidence is complete. He next argued that prosecution has duly proved its case beyond reasonable doubt. Learned State counsel further argued that there is no ground for reduction of sentence. We have gone through the evidence on record minutely and very carefully and have heard learned counsel for the appellant and learned Addl. Advocate General, Punjab for the respondent No.2- State. He next argued that prosecution has duly proved its case beyond reasonable doubt. Learned State counsel further argued that there is no ground for reduction of sentence. We have gone through the evidence on record minutely and very carefully and have heard learned counsel for the appellant and learned Addl. Advocate General, Punjab for the respondent No.2- State. From the evidence on record, we find that as per statement of PW-1 Vijay Singh, Inspector, he received information in writing which is Ex.PA, from Sh.K.P.Singh, Intelligence Officer and it bears the signatures of Sh.K.P.Singh. The information is already in writing sent by Sh.K.P.Singh, Intelligence Officer, therefore, question of compliance of Section 42 of NDPS Act does not apply in the present case. It is not the case of secret information which requires to be immediately written and sent to the higher officer. In the present case, the Investigating Officer, who was posted as Inspector Central ICS Attari Road, has received the information in writing from Narcotic Control Bureau, Chandigarh. Therefore, in no way it can be held that there is non-compliance of Section 42 of the NDPS Act. Moreover, PW-1 Vijay Singh, Inspector has deposed that the information was received at 10.10 A.M., which was reduced into writing and sent to senior officer of the Customs department. PW-1 Vijay Singh, Inspector is the Investigating Officer of this case. PW-2 Deepak Gupta, Inspector, who is the witness of recoveries on 13.06.2003 when the accused was admitted in Civil Hospital at about 11.00 P.M. and he expelled 10 similar type of capsules in his presence and in presence of Pawan Kumar, Latti, Dr.Gurcharan Parkash, Superintendent Satnam Singh and Inspector K.P.Singh. He also deposed regarding recovery of 9 similar type of capsules at 7.00 A.M. on 14.06.2003. He further stated that accused also expelled 3 similar type of capsules later on the same day. This PW-2 Deepak Gupta has supported and corroborated the version of PW-1 Inspector Vijay Singh. Further, we find that PW-5 Satnam Singh, Superintendent Customs deposed that on receiving information, it was further sent to the senior officer in writing. He also deposed same facts as deposed by PW-1 Vijay Singh, Inspector. PW-5 Satnam Singh further deposed that he disclosed his identity to the accused as Gazetted Officer and that he was posted as Superintendent Customs. Further, we find that PW-5 Satnam Singh, Superintendent Customs deposed that on receiving information, it was further sent to the senior officer in writing. He also deposed same facts as deposed by PW-1 Vijay Singh, Inspector. PW-5 Satnam Singh further deposed that he disclosed his identity to the accused as Gazetted Officer and that he was posted as Superintendent Customs. Then he apprised the accused to get the search conducted from him or any other Gazetted Officer or Magistrate. The accused reposed confidence and desired to get his search conducted from Gazetted Officer. He also deposed regarding recoveries of capsules containing heroin which he expelled from his body by passing stool. PW-5 Satnam Singh, in cross-examination stated that after conducting search of the baggage and the body, no X-ray examination of the body of the accused was got conducted. There is no evidence on the record that there was any X-ray machine at the Customs' office and that machine can detect the capsules concealed in such a way in the body. Therefore, on this ground, the prosecution version cannot be held as improbable. The perusal of the evidence on record shows that these PWs have no enmity or motive against the accused to falsely depose against him or to falsely implicate him in the present case. The appellant is a Nigerian citizen and otherwise also, he was coming from Pakistan and entering India and there is no reason or ground for these PWs nor any enmity or motive to depose against him. Otherwise also, it is settled law that testimony of police official is as good as of any other witness unless some enmity or motive is alleged and proved. As regarding the separate panchnamas prepared by the Investigating Officer, we find that the recoveries of capsules have been made on different dates and different times by expelling the same from the body by the appellant, therefore, there is nothing wrong in preparing separate panchnamas at different dates and different times. Further, the perusal of the evidence shows that parcels and samples were sealed with the seal No.82 of Customs Division, Amritsar. There is also evidence on the record that seal was handed over to competent authority as per rules. There are statements of PWs regarding the samples being kept in intact condition. There is nothing on the record to show that any sample was tampered with. There is also evidence on the record that seal was handed over to competent authority as per rules. There are statements of PWs regarding the samples being kept in intact condition. There is nothing on the record to show that any sample was tampered with. The seals were duly tallied by the Chemical Examiner and found in intact condition. PW-4 T.R.Kaushal, Superintendent Malkhana has appeared and deposed that neither he nor anybody else was allowed to tamper with the samples. Similarly, PW-3 Sarabjit Singh, Inspector Malkhana has appeared in the witness box and deposed that he was posted at Headquarter Malkhana Custom House, Amritsar. Superintendent T.R.Kaushal was posted as Superintendent Custom Incharge Malkhana. Both of them are responsible for the safe custody of the case property which was detained in the malkhana. He also deposed regarding depositing of case property and samples. He also deposed that on 08.01.2004, CJM Amritsar, inspected the case property and authentication certificate is Ex.PNN. He also deposed that case property was not tampered with during the period it remained in the custody in the malkhana. Therefore, from the perusal of the statements of these PWs and the report of Chemical Examiner, it is proved that samples were not tampered with and seals were in intact condition. There is nothing on the record to show that compliance of Section 50 of the NDPS Act has not been made in the present case. Otherwise also, these capsules are not found on the outer part of the body. Rather, these capsules containing heroin have been kept concealed inside the body by the accused-appellant, which he expelled by passing stool on different dates and at different times. The mere fact that independent witnesses or the doctors have not been examined, in no way creates any doubt in the prosecution version. PWs, who have been examined in the present case have consistently deposed regarding prosecution version. There are no material discrepancies pointed out from the statements of the PWs nor the PWs have made any material improvements in their version, which may go to the root of the case. The independent witnesses have been given up by the learned counsel for State having been won over by the accused. There are no material discrepancies pointed out from the statements of the PWs nor the PWs have made any material improvements in their version, which may go to the root of the case. The independent witnesses have been given up by the learned counsel for State having been won over by the accused. Therefore, it was for the counsel for the complainant to see to whom he wants to examine in the present case and the witness who was not supporting him not to be examined. Further, as already discussed, the testimony of the police official is as good as of any other witness unless some enmity or motive is alleged and proved against him. Further, from the evidence on record, we find that case property has been produced before the Court. Samples were taken. CJM, Amritsar has also visited the malkhana. Keeping in view all these facts, no reasonable doubt exists in the prosecution case, even if the case property was not produced before the Court. Otherwise also, it is settled law that production of case property is only a corroborative piece of evidence and non-production of the case property cannot be held as fatal to the prosecution case. PW-1 Vijay Singh, Inspector has deposed that the case property along with the samples were produced before Sh.R.K.Singla, JMIC(D), Amritsar on 12.06.2003 and the application is Ex.PJ and the order of the Court is Ex.PJ/1. Case property along with representative samples were deposited with Incharge Malkhana with all seals intact. Again on 14.06.2003, accused along with bulk packets and samples were produced before Sh.Sanjiv Joshi, JMIC(D), Amritsar and the application is Ex.PAA and the order of the Court is Ex.PAA/1. In view of the above, we find that PWs have consistently deposed regarding prosecution version. There are no material contradictions or material improvements in the statements of the witnesses. The recoveries have been duly proved. Proper procedure has been adopted and due compliance of all the provisions of NDPS Act have been made. Link evidence is complete. There is no improbability in the version of the prosecution. Possession of the appellant over recovered heroin, is also duly proved. The PWs are truthful and trustworthy witnesses. There is no evidence on record to show that these recoveries have been effected from some other person and have been falsely implanted upon the accused. Link evidence is complete. There is no improbability in the version of the prosecution. Possession of the appellant over recovered heroin, is also duly proved. The PWs are truthful and trustworthy witnesses. There is no evidence on record to show that these recoveries have been effected from some other person and have been falsely implanted upon the accused. Even, no such suggestion has been given to the Investigating Officer. Therefore, prosecution has duly proved its case by leading cogent evidence beyond any reasonable doubt, against the accused. As regarding prayer of learned counsel for the appellant for reduction of the sentence, we do not find any ground to reduce the sentence in the present case. Keeping in view the facts and circumstances of the case, recoveries from the accused and the manner in which the accused tried to smuggle narcotics i.e. heroin in a heavy quantity by concealing it in his body by consuming the same etc., no leniency should be there in awarding the sentence. The appellant has been correctly convicted and sentenced by the learned trial Court. No ground for reduction of the sentence is made out. Accordingly, the judgment of conviction and order of sentence are upheld. Finding no merit in the appeal, the same is dismissed.