FRANK KINGSLEY UGOCHUKWU Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 14th July 2010 passed by the learned Special Judge in SC No.26 -A/2006 convicting the Appellants under Section 21(c) and Section 29 read with Section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ("NDPS") and the order on sentence dated 17th July 2010 whereby each of them were sentenced to undergo rigorous imprisonment ("RI") of ten years and fine of Rs.1,00,000 each and in default to undergo simple imprisonment for three months for each of the offences under Section 21(c) and 29 of the NDPS Act. The sentences were directed to run concurrently. The case of the prosecution

(2.) MR . Kamal Kumar (PW -1), Intelligence officer, attached to the Headquarters, Directorate of Revenue Intelligence ("DRI"), received a secret information on 23rd October 2005 that two African nationals would go from Hazrat Nizamuddin railway station to Bombay at about 4.55 pm, by August Kranti Express and would be carrying narcotic drugs concealed in six bags carried by them. The said information was reduced to writing (Ex.PW1/A) and submitted to Vinod Kumar, Deputy Director (PW -7) who in turn directed Jyotimon Dethan (PW - 9), Investigating Officer ("IO"), DRI to take further action.

(3.) PW -9 along with a team of officers of the DRI reached the Hazrat Nizamuddin railway station at around 4 pm on the same day and kept a discreet watch on platform No.6 from where the August Kranti Express was to depart. PW -9 stated that at about 4.20 pm two person of African origin were seen with six bags on platform No.6. PW -9 then called two persons and told them about the secret information and requested them to be panch witnesses. One of these was Mohd. Farukh (PW -11) and the other one was Usman.