CUSTOMS Vs. MOHAMMAD BAGOUR

JUDGEMENT

(1.) Since the facts and the law involved in both the cases are similar, therefore both the petitions are being taken to deliver common judgment. The case of Mohammad Bagour is being taken as a lead case.

(2.) Vide the instant petition, the petitioner has challenged the impugned order dated 26.03.2011, whereby Ld. Special Judge, NDPS, Dwarka Court, New Delhi has acquitted the respondent / accused from the charges.

(3.) The case in brief is that on 18.10.2007, accused arrived at IGI Airport by KAM Air-flight No. RQ-0013 holding Passport No. OR686259 dated 13.05.2006. He was carrying only handbag and was not having any checked in baggage. Surveillance was kept on him in the arrival Hall at IGI Airport on the suspicion that he may be carrying some contraband substance. He was stopped near exit Gate of Arrival Hall after crossing the green channel and was asked by the Custom Officers as to whether he was carrying any goods, to be declared to customs, but he replied that he was carrying only personal effects. Thereafter, he was specifically asked whether he was carrying any contraband goods, but he denied. Mr. Ganpat Singh, (ACO) was not satisfied with his reply and he called two independent witnesses to join and in their presence, respondent / accused was again asked whether he was carrying any goods or contraband goods to be declared to customs, but he claimed to be carrying only personal effects. Thereafter notice under Section 50 of NDPS as well as Section 120 of Customs Act was served upon the respondent / accused that he had an option to get the examination of his baggage and personal search conducted before a Gazetted Officer of Customs or a Magistrate. Since the respondent / accused did not know either Hindi or English Language, as such one Burham Ahmedi, an official from KAM Airlines, who knew language of the respondent, was asked to make him understand the contents of the notice. The said Burham Ahmedi explained to him the contents of the notice. He expressed that he had no objection if any Custom Officer searched him or his Baggage. The respondent produced his travel documents i.e. the Boarding Card and Afghan Passport. He was taken to Customs Preventive Room in the Arrival Hall for further examination. The handbag carried by the respondent / accused was checked in the presence of Panch Witness, which was found containing cloths and personal effects. The bag was emptied of its content and the bottom portion of the bag was then cut opened and a white colour stitched cotton cloth belt with velcro having four partitions was detected, which was pricked with the help of a needle and white powder oozed out of the same, suspected to be some Narcotics substance. Respondent / accused was asked about the substance and he affirmed that it was Narcotic Substance.