NARCOTICS CONTROL BUREAU Vs. CHEN CHING SUNG

JUDGEMENT

(1.) This appeal by Narcotics Control Bureau ("NCB") is directed against the judgment dated 31st May 2012 passed by the learned Special Judge, NDPS in SC No. 8 of 2009 acquitting the Respondent of the offence under Sections 22 and 23 of the Narcotics Drugs & Psychotropic Substances Act, 1985 ("NDPS Act").

(2.) The case of the prosecution is that Mr. R.R. Kumar (PW-7) Superintendent, NCB, received a secret information on 11th October 2008 that the Respondent, a Taiwanese national, was likely to board a Malaysian Airlines for Kuala Lumpur that very night with a huge quantity of Methamphetamine ("Meth"). The information was discussed with Zonal Director, NCB. Thereafter PW-7 issued search warrant in favour of Mr. H.S. Gill (PW-11) Intelligence Officer, NCB. PW-11 along with Mr. Y.R. Yadav left for the Indira Gandhi Airport at around 9.30 pm and reached Terminal-II at around 10 pm, on the same day. Two public witnesses, Mr. Ravinder Singh (PW-9) and Mr. Brijesh Kumar joined them.

(3.) The Respondent was identified with the help of the immigration authorities and with the help of his passport and boarding pass. His checked in baggage was retrieved from the Malaysian Airlines with the help of Mr. Manoj Gupta, a Ground Duty Official of Universal Aviation Pvt. Ltd. According to PW-11, the Respondent identified his baggage. They tallied the baggage tag with the counterfoil affixed on the ticket. The Respondent was taken to the city side area CISF control room. He was served notice under Section 50 NDPS Act and informed of his right to have his personal search as well as search of the baggage conducted in the presence of a Gazetted Officer or a Magistrate. The Respondent, who could not speak English, supposedly communicated by body language that his search could be conducted by any officer.