MOHD DAWOOD Vs. DEPARTMENT OF CUSTOMS

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order of sentence dated 20th February, 2010 and 26th February, 2010 passed by learned Additional Sessions Judge -cum -Special Judge, NDPS cases, Dwarka Courts, New Delhi in Sessions Case No. 37/3/2008 under Sections 21(c) and 23 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ,,NDPS Act) arising out of complaint filed by the customs titled as Sh. U.R. Gupta, Air Customs Officer, Indira Gandhi International Airport (,,IGI Airport), New Delhi v. Mohd. Dawood convicting the appellant and sentencing him to undergo rigorous imprisonment for ten years along with fine of Rs.1,00,000/ - and in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) A complaint was filed by Sh. U.R. Gupta, Air Customs Officer, against the appellant on 29th October, 2004 on the allegations that on 6th May, 2004 appellant, holder of Afghan Passport No. TR 025317 issued at Kandhar on 13th April, 2003, had arrived by Ariana Afghan Airlines, flight No. FG 322 at the arrival hall of IGI Airport, New Delhi. After clearing immigration and after collecting his checked in baggage he walked through green channel and came to the exit gate and was about to leave the customs area, when the complainant became suspicious about his movement and asked him to go to the examination table in the arrival hall. After completing the formalities the officers of customs examined two checked in bags of the appellant and found 2.680 Kgs of heroine. Charge for offence under Sections 21(c) and 23 (c) of NDPS Act was framed against the appellant, to which he pleaded not guilty and claimed trial.

(3.) I have heard Mr. Arpit Batra, learned counsel for the appellant and Mr. Pramod Bahuguna, learned counsel for the respondent and have perused the record.