AKABUOGU GODWINN OJIMBA Vs. CUSTOM

JUDGEMENT

(1.) THE case of the complainant/respondent in nutshell is as follows: - 1. The appellants before this Court arrived from Kabul by flight No.KB -44 at about 4.50 PM on 13.09.2005. When they were in the transit area to catch flight No.ET 0629 at about 6.30 PM on that date, the Complainant Surinder Pal Singh, Inspector (Customs) intercepted them on suspicion that they might be carrying contraband in their checked in luggage. Two witnesses were called to witness the proceedings of examination. The document obtained from Indian Airline staff indicated the check -in baggage booked by the appellants. The aforesaid document was signed by the witnesses who were called there. The checked -in baggage of the appellants were then brought. It was found that the baggage bearing tag No. 0485452 was booked by the appellant Obi Basi Chuks. Baggage bearing tag No. 486618 had been booked by the appellant Akabuogu Godwin Ojimba, whereas the baggage against tag No. 486619 had been booked by the appellant Edward Chukwudile. The appellants identified their respective baggage. The appellants on being asked to produce their respective tickets for travelling from Kabul to Delhi, appellant Obi Basi Chuks and appellant Edward Chukwudile produced their respective boarding tickets. Akabuogu Godwin Ojimba, however, was unable to produce any ticket or boarding pass. On being asked as to whether they were carrying any contraband goods and/or narcotic or psychotropic substance, either in their baggage or in person, the appellants replied in the negative. The complainant then served notice under Section 50 of NDPS Act on the appellants who, however, had no objection to them as well as their package being examined by any custom officer.

(2.) OBI Basil Chuks identified his baggage bearing tag No. As 485452 and opened the said baggage from the key which he took out from his pocket. After removing all the articles in the bag, it was examined carefully. A number of sandals/shoes had been taken out by Obi Basi Chuks form his bag. On examining coffee colour sandals having trade name ''Ancona '', its bottom was found to be explicitly heavy. On cutting upon the sandal from the bottom, it was found that its cavity had concealed a dummy sole of silver colour. The concealment, which was in the form of a sole, and had been covered with silver foil colour was taken out from the sandal. On cutting the silver foil, off white colour powder was recovered from the dummy sole. The said powder was collected in a polythene bag. Another pair of sandal was then cut from the bottom and was found to have cavity concealed with dummy sole of silver colour. On being taken out from the sandal, the aforesaid concealment was found to contain white colour powder kept in dummy sole. That powder was also collected in polythene bag. Several other sandals found in the bag were then examined and found to contain inexplicably heavy bottom. On being cut from the bottom, a cavity was found which had concealed bottom soles of silver colour. The concealment in those sandals, again, in the form of sole, had been covered with silver foil and on cutting silver foil, white powder was recovered from the dummy sole concealment. The off white powder in this manner was discovered in as many as eight pair of sandals. After it had been homogenously mixed, a small quantity of the powder equivalent to the tip of match stick was taken as a sample and on being tested using Field Drug Test Kit, it gave positive indication of heroin. Thereafter, the complainant examined various books which were found in the bag. The hard binding of the books on both the sides were found to have some concealment. On carefully cutting the upper hard binding of the books, white layer of powdery substance was found which got broken into small pieces while removing and collecting in the polythene bag. The lower hard binding of the book was also carefully cut and white layers of powdery substance was recovered, which also got broken in the small pieces while removing and collecting the same into polythene bag. The powdery substance in this manner was found in as many as four books. The black colour small leather carrying bag (pouch) on being carefully examined gave suspicion. On being cut, the packet was found to contain white layer of powdery substance which also got broken in the small pieces while removing it. Those pieces were also collected in the same polythene bag. A brown colour envelope folder on being examined gave suspicion of concealment. On cutting the sides, it was found to contain a layer of off white which also got broken into small pieces, while removing and was collected in the same bag. A small quantity was drawn as sample and on being tested, it also gave positive indication of being heroin.

(3.) THE appellant Akabuogu Godwin Ojimba identified the check -in baggage bearing tag No. 486618. He opened the checked -in baggage from the key which he took out from his pocket. The articles found in the checked in bag were taken out by him. It also contained sandals which were found to be inexplicably heavy and white powder was recovered from three sandals, found in the said bag. The powder had been concealed in the dummy sole of silver colour. Sample was drawn from the aforesaid powder, after it had been homogeneously mixed and it gave indication of heroin. The books found in the bag were examined and their top and bottom gave suspicion about concealment. On being cut, off white powdery substance was found which got broken into small pieces while removing and collecting in the polythene bag. Two ladies bags found in the baggage were also checked on suspicion of concealment. On cutting the sides of the said purses, they were found to contain a layer of off white powdery substance which got broken into small pieces while removing. A brown colour folder found in the bag also gave suspicion of concealment on both the sides. On being cut, a layer of off white powdery substance was found on both the sides of the folder which got broken into small pieces while removing and collecting in the polythene bag. A small quantity of powder was drawn as sample and gave indication of being heroin though Akabuogu Godwin Ojimba was carrying a black colour suitcase as handbag, but nothing incriminating was found in the said bag.