BETTY RAME Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This application has been filed seeking regular suspension of sentence in Crl. A. 338/2021 filed by the appellant assailing the judgment of conviction dtd. 25/8/2021 and order on sentence dtd. 28/8/2021 passed by the Ld. ASJ, Patiala House Courts in FIR No. VIII/09/DZU/2018 P.S. NCB. The appellant has been convicted and sentenced to RI for 10 years with a fine of Rs.1.00 lakh for the offence punishable under Sec. 22 (c) and 23 (c) NDPS Act. The appellant is a 38 years old lady who is a citizen of Zimbabwe and has already undergone 4 years, 11 months and 18 days in custody as per Nominal Roll dtd. 20/3/2023.

(2.) Briefly, the prosecution case is that pursuant to secret information received on 2/4/2018 at about 7:30pm, one NCB team was constituted which apprehended one Zimbabwean lady on 2/4/2018 at about 8:30 pm at Terminal 1D, IGI Airport, New Delhi, who was going to board 9:40 pm IndiGo Flight No. 6E-505 inbound to Goa and on search of her baggage, two polyethene were recovered in each cavities containing crystalline substance. The colour, texture and property of material from both concealments were the same and each concealment was tested separately which gave positive results for Methamphetamine. After the testing, the contraband was mixed and transferred into a transparent polythene and the total weight was 3kg. Two samples of 5gm each were taken from the mixed substance, thereafter, the appellant's statement under Sec. 67 NDPS Act was recorded. CRCL report dtd. 18/4/2018 confirmed the crystalline substance to be Methamphetamine. A total of 12 witnesses were examined.

(3.) Learned counsel for the appellant has relied upon the following decisions of the Hon'ble Supreme Court and various other Courts where similarly placed convicts have been released on regular suspension of sentence despite having been accused of possessing a commercial quantity of the contraband, and they are follows: