MANKHANCHING TOMBING Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) The appellant Mankhanching Tombing impugns the judgment and order on sentence dated 07.04.2012 passed by learned Special Judge (NDPS), South & South East District, Saket Courts in Sessions Case No. 21A/2006 whereby the appellant was convicted for offence under Section 21(c) of NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.1 lac, in default of payment of fine to undergo simple imprisonment for six months.

(2.) On 27.09.2005, the appellant was intercepted at Domestic Airport of IGI by Sh. Madan Kumar, Intelligence Officer, DRI when she was leaving for Chennai by Jet Airways Flight No. 9W-0832. The search of her personal luggage resulted in recovery of 1.459 kgs of heroine. After completing the procedural formalities, the representative samples of the contraband were sent for chemical analysis, which on analysis, were found to be heroine. Prosecution relied upon the evidence of PW-1 Madan Kumar, Intelligence Officer who received the information and reduced the same into writing as Ex.PW1/A, PW-2 Sh.B.K.Banerjee, Appraiser in DRI who issued the seal of DRI to the Investigating Officer on 27.09.2005 and received the seal back on the same day. He also received the report under Section 57 of NDPS Act Ex.PW2/A from the complainant. He also sent the sample parcels to CRCL vide forwarding letter Ex.PW2/D and subsequently one report Ex.PW3/Q regarding execution of search warrant Ex.PW3/N. PW-3 Sh.M.C.Maheshwari, the main Investigating Officer of the case who deposed on the lines of the prosecution story regarding apprehension of the accused from the airport, recovery of contraband substance from her baggage and various aspects connected with the investigation of the case. PW-4 Sh.R.P.Meena, Assistant Chemical Examiner, CRCL who analysed the samples and proved the test report as Ex.PW4/B. PW-5 Sh.R.S.Kashyap with whom the case property was deposited by the Investigating Officer. PW-6 Ms.Kanwaljit Bakshi, Intelligence Officer of DRI who remained present at the time of recording of statements Ex.PW3/F and Ex.PW3/G under Section 67 of the NDPS Act of the accused. She also conducted personal search of the accused subsequent to her arrest. PW-7 Sh.Trilok Chand and PW-8 Sh Ashwini Kumar Gaind, independent witnesses who joined the proceedings. PW-10 Ms.Baneeta Khurana was the female member of the raiding team of the DRI and deposed regarding the apprehension of the accused, search and seizure proceedings. PW-11 Sh.Vinod Kumar, Deputy Director, DRI to whom the information Ex.PW1/A was put up by PW-1 Madan Kumar and he had directed the complainant to take further action in the matter.

(3.) The learned Special Judge on appreciation of evidence on record accepted the prosecution case and convicted and sentenced the appellant, as indicated above. The legality and validity of the impugned judgment was challenged by learned counsel for the appellant primarily on the following grounds: