RAFIQ AHMED SHAIKH Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) The appellants in the present set of appeals impugn the judgment dated 29.07.2017 (hereafter the impugned judgment) passed by the Learned ASJ, Patiala House Courts, New Delhi, whereby the appellants have been convicted for the offence punishable under Section 23 read with Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellants also impugn an order dated 29.07.2017 (hereafter the impugned order), whereby they have been sentenced to undergo Rigorous Imprisonment for ten years with a fine of Rs. 1,00,000/- each for the offences punishable under Section 23 read with Section 29 of the NDPS Act. And, in case of default of payment of fine, to undergo Simple Imprisonment for a further period of fifteen days.

(2.) The appellants challenge the impugned judgment, essentially, on four fronts. First, that the learned trial court has erred in convicting the appellants solely on the basis of self incriminating statements of the appellant Nitesh Patel, which were not made voluntarily. Secondly, the case set up by the prosecution is not supported by evidence on record. Third, that the sample tested by the Central Revenue Laboratory is not the sample of the seized substance allegedly sent to the said laboratory. And fourth, that the case has not been properly investigated.

(3.) The appellants were charged for committing an offence punishable under Section 23 read with Section 28 and 29 of the NDPS Act. By an order dated 11.10.012 passed by the learned trial court, the appellants were charged that on or before 21.03.2011, they had conspired to export illegal psychotropic substances from India to Malaysia under a fake identity and without taking any authorization or license from the Narcotic Commissioner in accordance with the NDPS Act and the Rules made under the said Act. They were charged that in pursuance of the said criminal conspiracy to illegally export psychotropic substances, they had "procured, stored and attempted to export 2.4 kgs of amphetamine in a parcel vide Airway Bill No. 466420580086 which was seized on 21.03.2011 at 1604 Hrs at Fedex Express Services India Pvt. Ltd., C-152, Mayapuri Industrial Area, Phase-II, New Delhi".