MOKIBE MR LEEPILE MOSES Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The appellant has filed the present appeal, inter alia, impugning a judgment dated 27.01.2016 whereby he was convicted of committing an offence punishable under Sections 21(c) and 23(c) read with Section 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter the 'NDPS Act').

(2.) He also impugns an order dated 30.01.2016, whereby he was sentenced to undergo (i) ten years of rigorous imprisonment for the offence punishable under Section 21(c) of the NDPS Act along with a fine of Rs. 1 lakh and in default of payment of fine, to undergo simple imprisonment for two months; (ii) ten years of rigorous imprisonment for the offence punishable under Section 23(c) read with Section 28 of the NDPS Act along with a fine of Rs. 1 lakh and in default of which, to undergo simple imprisonment for two months; and (iii) five years of rigorous imprisonment for the offence punishable under Section 21(b) of the NDPS Act along with a fine of Rs. 50,000 and in default of which, to undergo simple imprisonment for one month. All the sentences were directed to run concurrently and his period in custody as an undertrial was directed to be set off against the sentence awarded to him.

(3.) The case of the prosecution is that on 08.06.2011, the Intelligence Officer, NCB, DZU, received information that one parcel pertaining to Airway Bill No. 9473329 lying at Dart Air Services Pvt Ltd (Express Tower, A-50/4, Mayapuri Phase - 1, New Delhi-110064) contains Heroin. The same was booked by 'Mr. Mokibe Leepile Moses or Mr. Mosike' and he may come to the office of Dart Air Services Pvt. Ltd. (hereafter 'Dart Air') on 08.06.2011 to inquire about the parcel. The said information was reduced to writing at 08:30 AM and was forwarded to Sh. YR Yadav, Superintendent, NCB, who directed that a team be constituted to take action necessary under law. Thereafter, a team consisting of Sh. Surender Singh, Sh. Rajesh Kumar, Sepoy Narender and Sh. Babu Lal was constituted. Sh. YR Yadav, Superintendent, NCB, had issued the seal of 'NARCOTICS CONTROL BUREAU DZU 3' to Surender Singh (the IO) The raiding team proceeded from the office of the NCB in an official vehicle and reached the office of Dart Air. Upon reaching the courier agency, they joined Sh. Rajesh Kashyap and Sh. Rajiv Sharma as independent witnesses, for witnessing the search and seizure proceedings. The team mounted surveillance and waited for the suspect. At about 04:00 pm, a person who looked like an African national, came to the office and enquired about the said parcel. He was intercepted and questioned. Thereafter, the IO served him a notice under Section 50 of the NDPS Act. The person refused to search the raiding party and declined to be searched in the presence of a Gazetted Officer/Magistrate.