PATRICK BRUNO WAFULA Vs. DEPARTMENT OF CUSTOMS

JUDGEMENT

(1.) Criminal Appeal 120/97 seeks to challenge the judgment and order of the Additional Sessions Judge, New Delhi, In Sessions Case No.170/94, whereby the learned Judge by his judgment and order dated 9.12.1996 has found the appellant guilty under Section 21/28 and 23 of the NDPS Act and further by order dated 11.12.1996 has Imposed a sentence of ten years and a fine of Rs.1,00,000/-(rupees one lakh only) and In default of payment of fine to further undergo R.I. for three years.

(2.) The brief facts of the case as have been noticed by the Additional Sessions Judge are as follows;- When the accused was apprehended, he was asked whether he was carrying any narcotic drug to which he replied In negative and thereafter, the Custom Officer asked him to Identify his checked-in baggage which was Identified by the accused I.e. a black colour Zipper bag (Hazard make) Ex.P.10 bearing Tag No. LH-402387 Ex.P4 which tallied with baggage stub no.LIL 402387 Ex,P5 and which the accused opened with his key Ex. Pll. On examination of the contents of the bag. It was found to contain his personal effects. One black coloured half pant was found to be unusually heavy and on Its examination the front side pocket was found to contain -56 specially made capsules wrapped with a black adhesive tape which on cutting/removing the said tape, was found to contain small white polythene pouches which contained a light brownish powder. On random selection of one such capsule the light brownish powder contained therein tested positive for narcotic drug. Thereafter, all the 56 capsules were opened and their contents were homogeneously mixed and when tested they tested positive for narcotic drug suspected to be heroin which weighed 470 grams.

(3.) The accused had been Informed that If so desired, his personal search could be conducted before a Gazetted Officer but the accused declined this offer In writing and undertaking to the said effect was given which Is Ex. Pw1/A. The personal search of the accused was conducted In the presence of two panch witnesses Sh. Kaleram and Sh. Vijender Singh and three hand written documents apart from a camera, purse containing currency notes were recovered. The panchnama which Is Ex.Pwl/B was thereafter prepared, signed by two panch witnesses, the accused and the seizing officer. The air ticket of the accused Ex.PI .boarding cards Ex. P2 and P3 passport Ex. P6 hostel card Ex. P7 Identity card Ex. P9, baggage tag and baggage stub Ex.P4 and P5 were also seized.