EMMANNEUL UCHENNA EZENWOSU Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure (hereafter referred to as the 'Code' only) challenges appellant's conviction and sentence under Section 21 read with Section 29 of the NDPS Act (hereafter referred to as the 'Act' only). The appellant stands convicted by the learned Additional Sessions Judge vide orders dated 18 -12 -1996 and sentenced to undergo RI for a period of 10 years and pay a fine of Rs. 1 lakh vide orders dated 20th December, 1996. In default of payment of fine, the appellant has been ordered to undergo further RI for one year.

(2.) I have heard learned Counsel for the appellant and learned Counsel for the respondent. I have gone through the Trial Court records.

(3.) THE prosecution allegations against the appellant, briefly stated, are that on 25 -11 -1993 H.M. Customs and Excise, U.K. seized 1.5 kg. heroin at Cargo Customs Station, Heathrow Airport, London which was concealed in a parcel booked from India under shipping/airway Bill No. 451813. This parcel was booked for Lagos Nigeria. The intimation of the seizure was given to Narcotic Control Bureau India on 6th December, 1993. The NCB Officers found that this consignment had been booked from M/s. Skypak Couriers, Rajendra Place, New Delhi under Airway Bill dated 24 -11 -1993. It was also revealed that this consignment had been booked by an African National who had booked a parcel earlier also and someone had been making inquiries regarding this parcel as it had not reached Nigeria. M/s. Skypak Couriers were directed to ask the person making enquiries to come to their office. On 24 -1 -1994 at about 12.00 Noon the appellant approached the booking counter of M/s. Skypak and asked them about the parcel in question. The officers ofNCB who were keeping surveillance intercepted him and took his personal search. The original airway bill dt. 24 -11 -93 was recovered from him along with one more Airway bill of M/s. DHI, Couriers dated 21 -1 -1994 by which was also a parcel booked for Lagos, Nigeria via U.K., London, the information regarding this parcel was immediately passed on to H.M. Customs London who confirmed that the said parcel also had been intercepted by them on 22 -1 -1994 and 2 kg. of heroin had been recovered there from. The appellant was examined under Section 67 of the NDPS Act. He admitted having booked both these parcels and also admitted having booked parcels containing heroin on earlier occasions also. The liaison Officer H.M, Customs posted at Delhi handed over the documents regarding seizure of heroin on 24 -11 -1993 and 22 -1 -1994 at Heathrow Airport along with the reports of the Scientific Officers of H.M. Customs, London to show that the samples were of heroin and contained diacytal morphine. After necessary investigations a complaint was filed against the appellant.