JENA SALA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Shri M.R. Jean Sala is a French national. He came to New Delhi from Kathmandu on 21-6-1986. During his stay in India, he mostly remained in Srinagar, Kashmir. From there, he is alleged to have despatched a consignment of 38 packages said to contain <PG>198</PG> paper machie boxes of different shapes and sizes to Calcutta for export by sea to Rotterdam, Holland. The said consignment was purchased from one M/s. M.S. Doona & Sons, Srinagar for a total consideration of Rs. 64,700.

(2.) On 7-8-1986, the petitioner went to Calcutta for the purpose of supervising and finalising the export of the said 38 packages. On 21-8-1986, the shipping bill was presented to the Calcutta Customs for examination by the Customs House Clearing Agent M/s. Jeena & Company, Calcutta. During examination of the said consignment, the Customs Officers selected two packages out of 38 for examination. On closer examination it was observed that the bottoms of the paper machie boxes were unusually heavier. On breaking open the said boxes, it was found that those contained one packet each, securedly covered with waxed yellow paper with a outer cellophane covering. On opening the said wrappers, in the presence of two independent witnesses, it was found to contain some dark brownish semi-solid substance, suspected to be narcotic drug. Representatives samples of the said substance were drawn and sealed in the presence of the witnesses and sent for chemical analysis, which confirmed that these are "Resinous Extract from the Plant Canabis Sataiva (Charas) dangerous drug".

(3.) At the time of the examination the petitioner was not present and in spite of earnest efforts, he could not be found anywhere in Calcutta. The Officers of the Special Investigation Branch later on came to know that the petitioner had left for Port Blair on 19-8-1986. A crash radio message was sent to the Inspector General of Police of Andaman and Nicobar Island, for the apprehension of the petitioner. On 23-8-1986, the authorities were able to apprehend the petitioner at Andaman Beach Resort Hotel at Port Blair. From his possession, certain quantity of narcotic drug was recovered, which was identical to the narcotic drug detected in the 38 packages at Calcutta. Immediately after his arrest, the petitioner was produced before the Chief Metropolitan Magistrate, Port Blair who remanded him to Police Custody, till 5-9-1986. On 14-10-1986, the petitioner was ordered to be released on bail.