EMMA CHARIOTTE EVE Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) This appeal is directed against the judgment and the order of conviction dated11.12.1998 passed by the Additional Sessions Judge in Sessions Case No. 74/96convicting the appellant undersections 21/23 of the Narcotic Drugs and PsychotropicSubstances Act (for short 'the Act') and sentencing her to undergo rigorousimprisonment for ten years and to pay a fine of Rs. 1,00,000.00 or in default to sufferfurther rigorous imprisonment for a period of six months.

(2.) On 19.4.1996, at about 10 A.M., the appellant came to the post restante counter.She picked up the intimation slip (EX.PW-1/D) and requested postal AssistantMr.Vasudev (PW-7) to deliver the said parcel to her. The intimation slip (Ex.PW-1/D)was in the name of 'Elizabeth Evans' and the appellant's passport was issued in thename of Emma Charlotte Eve. The appellant, therefore, addressed an application(Ex.PW-1/F) to the Chief Post Master, GPO explaining the discrepancy in her nameand that of on the parcel. Being satisfied with the explanation offered by the appellant,Deputy Chief Post Master Mr. R.P. Sharma (PW-14) allowed the appellant to takedelivery of the parcel in question. Thereafter, the parcel, which was in the custody ofMr. Sahilender Sharma (PW-12) was delivered to the appellant by Mr. Vasudev (PW7), in the presence of Smt. Suman Kumari Yadav (PW-11). who had disguisedherself as the postal Assistant.

(3.) The appellant, after taking delivery of the parcel, proceeded to the Shiva GuestHouse on a three wheeler driven by Rakesh Sharma (PW-10). The Officers of theNCB followed the appellant from the post office to her guest house and accosted herto her room. On being asked by the officers of the NCB, the appellant handed overthe said parcel to them, which was found to contain 122 grams of cocaine. The saidparcel was seized vide seizure memo (Ex.PW-1/H). Two representative samples of5 gms. each were drawn and kept in two separate poly thene bags. The samples aswell as the remaining cocaine were converted into separate parcels and they wereduly sealed on the spot. The sampled powder along with the test memo (Ex.PW-9/B)was sent to the Chemical Examiner, which on examination, was found to containcocaine vide report dated 28.5.1996. The appellant was charged with the offencespunishable under Sections 21/23 of the Act and tried.