UNION OF INDIA Vs. LOUIS THOMAS ALIAS WILLIAM

JUDGEMENT

(1.) The appellant i.e. the Union of India is aggrieved by the impugned judgment dated 14.12.2001 wherein the respondents have been acquitted of the offence under Section 135,135A of the Customs Act and Sections 21,23, read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) read with Section 120 B of the IPC.

(2.) Record shows that the residential premises of accused Louis Thomas was searched on 19.01.1986. The contraband i.e. Heroin weighing 2 kg was recovered and seized under the Customs Act along with other incriminating documents. This search was conducted in the presence of accused Louis Thomas; accused Raj Kumar, K.B.Nandwani were also present. PW-1 D.A.Nistane and PW-11 V.Sriniwasan were also present. This recovery was effected from a brown coloured suitcase. The samples drawn from the aforenoted contraband had tested positive for Heroin. The panchnama Ex.PW-1/A was drawn at the spot.

(3.) Thereafter on the same day from room no.7 of hotel Little Star, Paharganj which was under the occupation of K.B.Nandwani incriminating documents including passports of co-accused Raj Kumar and Kashmiri were recovered along with confirmed air tickets from Delhi to New York scheduled for 20.01.1986. On the personal search of accused Kashmiri five loose documents including two passports and two air tickets as also a grey coloured bag depicting name of K.B.Nandwani were also recovered and taken into possession vide separate memos. Panchnama Ex.PW-3/A was prepared.