BENNEHARD J FRAMOUS Vs. STATE

JUDGEMENT

(1.) The appellant-Bennehard J. Framous @ Ortege Francis, a French national, who had come to India as a tourist, has been convicted vide judgment dated April 26, 1989, of an Additional Sessions Judge, New Delhi, for an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and vide order of the even date has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. l,00,000.00 and in default of payment of fine to undergo further rigorous imprisonment for six months. He has filed this appeal challenging his conviction and sentence.

(2.) Elaborate arguments have been advanced by Mr. D.N. Goburdhan, Advocate, on behalf of the appellant and Shri R.N. Kapur, Advocate, on behalf of the State.

(3.) Facts of the case, in brief, are that during the intervening night of November 8 and November 9, 1988, the appellant was apprehended by Ms. Sonia, an Italian, who was leaving alongwith a group for Frankfurt in Lufthansa Flight which was to depart at about 3.15 A.M. while the appellant was attempting to steal two hand bags belonging to one of the members of the said group. SI Munshi Ram, who was on duty in the Departure Hall of the Indira Gandhi International Airport, had arrived at the spot on hearing the commotion and ACP Zile Singh PW1, PW2 Rajesh Mahajan (a Travel Agent who was assisting the said group of foreigners in check-up proceedings), PW7 SI Subhash Chand Bakshi then posted in the Police Station of the Airport, had arrived at the spot. A case under Section 379 read with Section 51 I of the Indian Penal Code (for short 'the IPC') was registered against the appellant vide FIR No. 387 of the said date.