SANTINI SIMONE Vs. DEPARTMENT OF CUSTOMS

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 14.09.2017, whereby the Special Court convicted the appellant of an offence punishable under Section 20(b)(ii)(C) of the Narcotics and Psychotropic Substances Act, 1985 (hereafter 'NDPS Act') on account of being found in possession of 4.235 kgs of charas. The appellant was also held guilty of committing an offence under Section 23(c) of the NDPS Act, for attempting to export the illicit substance. By an order dated 21.09.2017, which is also impugned in this appeal, the appellant was sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs. 1,00,000/- and in default of the fine, to undergo simple imprisonment for a further period of four months for committing the offence punishable under Section 20(b)(ii)(c) of the NDPS Act. He was awarded a similar sentence for committing the offence punishable under Section 23(c) of the NDPS Act. Both the sentences were directed to run concurrently. It was further directed that after completion of the aforesaid sentence, the appellant be deported to his native country.

(2.) It is the prosecution's case that on 27.02.2012, one Sh. Anil Kumar, who was the Security Official of DIAL (Delhi International Airport Limited), gave information to the Customs Department that something suspicious was revealed during the screening of baggage of one of the passengers. Sh. Pawan Kumar, Air Customs Officer, who was also examined as PW-4, acted on the said information. He also included two independent witnesses, namely, Sh. Vishal Chettri and Sh. Dharmender Singh in further proceedings, which were conducted in the Customs Departure Hall of Terminal-3 of Indira Gandhi International Airport, New Delhi. The baggage in question belonged to the appellant, who is an Italian citizen (holding an Italian Passport No. AA 1955522 issued at Italy). At the material time, the appellant was travelling from Delhi to Bangkok by Flight No. TG 324 and he had been issued a boarding pass for the said flight. He was also issued a boarding pass for Flight No. TG 120 from Bangkok to Chiang Mai. It is stated that while his checked-in baggage was being sent through SOOG-2 belt, the security staff of DIAL (Sh. Anil Kumar) suspected something in his baggage during its screening. He informed the Customs Officer at the Departure Hall regarding the same. The appellant was asked certain questions by the said Customs Officer but he could not answer them. Thereafter, the said Customs Officer took him to the Customs Counter for further examination.

(3.) The appellant was questioned. Thereafter, Sh. Pawan Kumar (the Customs Officer) served him a notice under Section 50 of the NDPS Act and the contents of the same were also read and explained to him. In addition, a notice under Section 102 of the Customs Act, 1962 was also served on the appellant and the contents of the same were also explained to him. Thereafter, his baggage (a steel trunk) was examined and his personal search was conducted.