UNICE ADA JEMOR Vs. CUSTOMS

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 27th March, 2010 and order on sentence dated 31st March, 2010 of Additional Sessions Judge, Delhi by which she was convicted for committing offence punishable under Section 21(c) and Section 28 r/w Section 23(c) of NDPS Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac each, in default of payment of fine to undergo SI for six months. The appellant was apprehended from the Departure Hall at IGI Airport on 24th August, 2003 and was alleged to be in possession of Heroine weighing 1.690 kg by the Custom Authorities. In order to substantiate its case, prosecution examined 14 witnesses besides one court witness. Statement of the accused was recorded under Section 313 Cr. P.C. No defence evidence was led. After considering the facts on record and appreciating the arguments of the concerned parties, vide impugned order, the appellant was held guilty of being found in possession of Heroine weighing 1.690 kg which she was attempting to export out of India as she was bound to fly to Amsterdam by KLM Flight No. 872 dated 25th August, 2003. As such, she was convicted for the offence punishable under Section 21(c) and Section 28 r/w Section 23(c) NDPS Act. Being aggrieved, the appellant has preferred the present appeal.

(2.) DURING the course of arguments, learned counsel for the appellant, on instructions from the appellant, submitted that he does not challenge the conviction of the appellant for the offence punishable under Section 21(c) and Section 28 r/w Section 23(c) of NDPS Act. He, however, prays for modification of the order on sentence as the appellant has already undergone 9 years 11 months and 21 days as per the nominal roll. The appellant is very poor and is unable to deposit the amount of fine. Further, she is a chronic patient of various deceases due to HIV+.

(3.) I have considered the submissions of the parties and have examined the trial court record.