NAMDI FRANCIS NWAZOR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) NAMDI Francis Nwazor, a Nigerian national, the appellant herein was booked and tried for the offences punishable under Sections 21 and 28 read with Section 23 of the NDPS. Act. The trial court by its detailed judgment and order dated 19 -7 -1991 found him guilty for the offence under Section 21 of the NDPS Act and sentenced him to undergo R.I. for ten years and a fine of Rs. 1 lakh and in default of payment of fine to further undergo R.I. for a period of one year. He was further sentenced to ten years' R.I. and to pay a fine of Rs. 1 lakh and in default of payment of fine to further undergo R.I. for a period of one year for the offence punishable under Section 28 read with Section 23 of the NDPS Act. However, the substantive term of imprisonment was ordered to run concurrently.

(2.) AGGRIEVED , that judgment and order has been challenged by the appellant by filing this appeal.

(3.) IN brief, the prosecution version is that the appellant is a Nigerian national. On 23 -6 -1987 he was to fly from New Delhi to Lagos via Bombay by Air India Flight No. AI -860 and for that purpose he reported for customs clearance in the International Departure Customs enclosure of Indira Gandhi International Airport, New Delhi at the Air India counter. A team of the Narcotics Control Bureau consisting of Mr. U.K. Mishra, Mr. D.C. Mishra and Mr. K. K. Sood, Intelligence Officers were present at the IGI Airport, New Delhi. On suspicion it was decided by the team of the Intelligence Officers of NCB to check the baggage which the appellant had booked. Before doing so, the Intelligence Officers organised a raiding party in which two independent witnesses, namely, Mr. Sita Ram (PW 2), who was working as Traffic Assistant with Japan Airlines and Mr. Dhir Singh (PW 5) who was working as senior loader with Air India at IGI Airport, New Delhi were also included. The raiding party asked the appellant whether he was carrying some narcotic drugs or any other contraband goods and on his refusal, the luggage which was got booked by the appellant were searched. He was carrying two hand bags, one black zipper hand bag and one black coloured leather hand bag. As per the prosecution version, on examination of "sky star" zipper suit case, which was got booked by the appellant, it was found to contain 153 cartons of Tetanus vaccine. All the cartons were opened and examined. 152 cartons were found to contain ampules but one carton was found to contain a polythene packet containing brown coloured powder closed with black adhesive tape. The brown coloured powder recovered from that carton was weighed and it came to 180 grams. The said powder believed to be heroin was seized by Mr. U.K. Mishra under the provisions of the NDPS Act vide Panchnama Ex. PW I/B, which was attested by Mr. Sita Ram (PW 2) and Mr. Dhir Singh (PW 5), the witnesses to the recovery. Three representative samples were drawn from the seized powder which were sealed in three envelops marked as H -1, H -2 and H -3. The envelopes containing the samples were sealed with the seal of NCB bearing No. 08, under the signatures of the witnesses. The remaining brown powder believed to be heroin along with the adhesive tape was kept back in the same carton marked "H" which was also sealed with the seal of NCB No. 08 under the signatures of the witnesses. All the 152 cartons containing Tetanus Vaccine were kept back in the same "sky star" suit case and the suit case was also sealed with the said seal of the NCB under the signatures of the witnesses.