OKAFOR CHUKWUKA UGOCHUKWU Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The appellants have filed the present appeals impugning a judgment dated 17.09.2015 passed by the Special Judge, NDPS Court, New Delhi in the case titled as "Narcotics Control Bureau v. Laya Emilyn Mananquil & Anr.", whereby the appellant, Okafor Chukwuka Ugochukwu (hereafter 'Okafor') was convicted of an offence punishable under Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and the appellant Laya Emilyn Mananquil (hereafter 'Laya') was convicted of committing offences punishable under Sections 21(c), 23(c) and 29 of the NDPS Act.

(2.) The appellants further impugn an order dated 21.09.2015. By the said order, Okafor was sentenced to rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of two months, for committing the offence under Section 29 of the NDPS Act. Laya was sentenced to rigorous imprisonment for a period of ten years with a fine of Rs. 1,00,000/- each for committing the offences punishable under Sections 21(c), 23(c) and 29 of the NDPS Act. And, in default of payment of fine, Laya was directed to undergo simple imprisonment for a further period of two months. The three sentences were directed to run concurrently.

(3.) The case set up by the prosecution is that on 14.05.2010 at about 1200 hours, secret information was received by Sh Y.R. Yadav, Superintendent NCB-DZU that one lady, namely Laya Emilyn who is a national of Philippines, holding Passport no. XX3585148, would arrive at Delhi by Emirates Airlines (Flight no. EK510) at about 9:15 am on 15.05.2010, alongwith a huge quantity of cocaine in her baggage. Consequently, a raiding team was formed. The said team reached Terminal 2 of IGI airport at about 8:15 am. After reaching the airport, two persons from public voluntarily joined the raiding team to witness the proceedings conducted by the NCB team.