NARCOTICS CONTROL BUREAU Vs. BELLA MALOI

JUDGEMENT

(1.) The instant appeal has been preferred by the appellantNarcotics Control Bureau to challenge order on sentence dated 08.07.2014 of learned Special Judge, NDPS Patiala House Courts by which the respondent was sentenced to undergo SI for nine months and four days with fine Rs. 75,000/-. The appeal is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. Allegations against the respondent were that on 04.10.2013 at IGI Airport, she attempted to transport 7.5 kg of pseudoephedrine from New Delhi to Kochi via flight No.AI-048 of Air India by carrying it in her luggage. The substance was recovered from her luggage. After completion of investigation, she was charged for committing offence under Section 25 A read with Section 28 of the NDPS Act by an order dated 19.03.2014. The respondent pleaded not guilty to the charge and claimed trial. Subsequently, on 1st July, 2014, the respondent moved an application admitting her guilt. She prayed to take lenient view. By a separate judgment dated 01.07.2014, the respondent was held guilty under Section 25 A read with Section 28 of the NDPS Act. After hearing the arguments on sentence, by the impugned order dated 08.07.2014, the respondent was awarded the aforesaid sentence.

(3.) Appellant's grievance is that the sentence awarded by the Trial Court is not commensurate with the offences committed by her. Prayer has been made for its enhancement in view of judgment in case Union of India vs. Kuldeep Singh 2003 STPL(LE) 33099 SC. The respondent who appeared in person has contested the appeal.