MA SOL BAILLO Vs. STATE (DRI) OF DELHI

JUDGEMENT

(1.) The instant appeal has been filed by the appellant - Ma Sol Baillo to challenge the legality and correctness of a judgment dated 18.09.2012 of learned Additional Sessions Judge in Sessions Case No. 71A/2006 under Ss. 21/23 NDPS Act by which she was held guilty for committing offences 21(c) & 23(c) read with Sec. 28 of the NDPS Act. By an order dated 20.09.2012, she was awarded RI for ten years with fine Rs. 1 lac each under both the heads. The sentences were to operate concurrently.

(2.) In nutshell, allegations against the appellant stated in the complaint were that on 12.06.2006 at about 05.15 p.m., an intelligence was gathered by K.S. Ratra, Intelligence Officer that a lady i.e. the appellant holding Philippines passport was bound for travel to Bangkok by flight No.TG -316 at 10.00 p.m. from IGI Airport with one checked -in - baggage (suitcase) containing 2 kg. of heroin in false bottom. The said information was reduced into writing (Ex.PW -1/A). The team arrived at the airport and intercepted the appellant holding the Philippines pass -port. She was apprised about the secret intelligence. Notice under Sec. 50 of NDPS Act (Ex.PW -7/B) was served upon her. On search of the suit case, she was found in possession of 2.100 kg. of heroin; the net weight of which was 2 kg. Subsequent proceedings were conducted during investigation. Upon completion of the investigation, a complaint was filed in the Court. The prosecution examined twelve witnesses to prove its case. In 313 Cr.P.C. statement the appellant denied her involvement in the crime and pleaded false implication. The trial resulted in her conviction as aforesaid.

(3.) During the course of arguments, appellant's counsel on instructions stated at Bar that the appellant has opted not to challenge the findings of the Trial Court on conviction. She, however, prayed to modify the sentence order as the appellant has already undergone substantive sentence awarded to her. She is unable to pay the huge fine being a foreign national and in custody for the last more than nine years.