SUPAPORN PATSAK Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 08.11.2012 and 19.11.2012 wherein the appellant Supaporn Patsak (a Thai national) has been convicted under Section 21-C and 23-C read with Section 28 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act'). She has been sentenced to undergo RI for a period of 10 years for each of the offence and a fine of Rs.1 lac and in default of payment of fine, to undergo SI for one month each. Benefit of Section 428 of the Cr.PC has been granted to the appellant.

(2.) The version of the prosecution is that on 24.12.2006, it was learnt that one lady by the name of Supaporn Patsak holding a Thai passport was to travel to Beijing by flight No. CA-948 from the IGI Airport and her checked-in baggage would contain 1.250 kgs of heroin. This information was reduced into writing. The above lady on identification was off-loaded from the plane; she was carrying a black coloured strolley bag; her checked-in baggage was also off-loaded. In the presence of two public witnesses, a notice under Section 50 of the NDPS Act was served upon her. She was informed that she had a right to get her search conducted either before a Magistrate or a Gazetted Officer. She refused. On the search of the checked-in baggage, some old and used clothes were found. The bottom of the strolley bag appeared to be hard; there were screws fixed upon it. After removal of the screws, a packet secured with brown adhesive tape and covered with carbon papers of Korex was found concealed and on opening, it was found to contain an off-white coloured granule powder which gave a pungent smell. A pinch of the said powder on testing with the testing kit tested positive for heroin. Three representative samples of 5 gms each were drawn from this contraband. The remaining contraband and samples were sealed and seized with the paper slips bearing the signatures of the witnesses. A facsimile of the seal was also affixed on the test memo. From the search of the person of the appellant, 40 Thai Bhats were recovered besides 700 US Dollors, 2,500/- Thai Bhats, a visiting card, her photograph, air ticket, boarding pass and checked-in baggage tag number was also recovered. A detailed panchnama (Ex.PW-7/C) was prepared. The statement of the appellant under Section 67 of the NDPS Act was recorded. She disclosed that she had visited India twice earlier with a friend but was not aware of the drug which was found in her bag as her bag had got damaged and she had given it to one Mr. Chinedo for repair; it was delivered back to her but she did not know about the concealment of this contraband. Statements of witnesses were recorded. The contraband was sent to CRCL for analysis which confirmed the same to be heroin.

(3.) On behalf of the prosecution, 17 witnesses were examined. The statement of the appellant under Section 313 of the Cr.PC was recorded. She pleaded innocence stating that she was not aware of the contraband lying in her checked-in baggage. No evidence was led in defence.