U O I Vs. FARID

JUDGEMENT

(1.) PETITIONER has preferred the instant petition against the judgment dated 16.12.2010 passed by learned Additional Sessions Judge whereby respondent, who is a Afghanistan national, has been acquitted on the charges under Section 21(c) and 23(c) read with Section 28 of the Narcotics Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) IN brief the facts of the case are that on 02.06.2007, respondent, who is holder of Afghanistan passport arrived at IGI Airport by KAM flight from Kabul. He was intercepted by Air Customs officer Akhilesh Kumar while walking out of the green channel. On making inquiry regarding any dutiable goods or any drug possessed by respondent, which he replied in negative; said Akhilesh Kumar called two independent witnesses besides Shri Timur Sarwar, Operational Manager of KAM Air, who was well conversant in vernacular as well as Hindi and English. Pursuant to notices under Section 102 of Customs Act and Section 50 NDPS Act served upon respondent, he replied that Custom Officer could take his search and that of his baggage. During search, respondent was found to have a gray colour Velcro cloth belt on his waist concealed under the cloth worn by him. The belt was cut open and was found to contain four packets duly wrapped with yellow colour self-adhesive tape. On testing the substance, it turned out to be positive for heroin with field testing kit. All the four packets were given Sr. Nos.1 to 4 weighing 0.992KG, 1.004KG, 1.015KG and 1032KG respectively. The contents were emptied out in four light plythene bags of approx 6 gms each and total weight of the content was 3.963KG. Thereafter, four representative samples of 5gms each were separated an sealed with seal No.6 using a paper slip having date, signature of the persons present over there. The articles were seized and sealed and a panchnama was prepared. Samples and case property were deposited in the warehouse godown. Respondent made his statement under Section 67 NDPS Act. On 04.06.2007 samples were sent to CRCL; according to which, purity percentage of morphine was found to be 26.8% in Sample A-l; diacetylmorphine 5.8%, 5.6% and 8.5% in samples B1 to D1. On completion of investigation the complaint was filed before learned Trial Court.

(3.) PW1 Shri Akhilesh Kumar was the Air Custom Officer, who intercepted the respondent at IGI Airport on the day of occurrence. He conducted the recovery and seizure proceedings. He had called Dr.Mohammad Faiyaz to explain the contents of the proceedings and documents to respondent in vernacular. This witness further proved the documents executed by him during the course of proceedings and narrated the whole incidence. He also identified the case property, when produced before him. He submitted the report under Section 57 NDPS Act to Superintendent Shri G. P. Singh.