MATHEWS CLARE GEORGINA Vs. VIKAS PAHWA AND DEEPAK

JUDGEMENT

(1.) This petition under Section 439 of the Code of Criminal Procedure ( hereinafter referred to as "the Code" only) is for grant of bail to the petitioner in Crl.Complaint No. 59/2002 filed by Narcotics Control Bureau under Section 23 read with Section 28 of the NDPS Act (hereinafter referred to as "theAct" only).

(2.) I have heard learned counsel for the petitioner and learned counsel for the respondent.

(3.) The case against the petitioner, briefly stated, is that on 10.1.2002 the petitioner booked a parcel with a Courier Sterling International which was addressed to one Mrs. Brooks of London U.K.. The Airway Bill was filled up by the petitioner herself. The Couriers entertained some suspicion and as such reported the matter to NCB. The officials of NCB checked the parcel and found that it was containing two bronze statues which could be opened from the bottom. On opening these statues were found containing Hashish weighing about 1125 gm. Under the advice of the NCB officials the Couriers started waiting for some inquiry in regard to this parcel. On 16.1.2002 an inquiry came regarding this parcel which was being made by one Mrs. Matterson from Goa . The Courier under the advice of NCB asked the person making inquiries to fill up the invoice form so that the parcel could be despatched. Mrs. Matterson from Goa then sent a Fax number on which a specimen invoice was sent to her by the Courier . In the meanwhile the NCB officials had contacted their counter parts at Goa who managed to apprehend petitioner at the PCO Booth while she was receiving the faxed invoice. Her statement under Section 67 was recorded and thereafter she was arrested.