BERTHE DJAKARIDJA Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order of learned Additional Sessions Judge dated August 17, 1994 whereby the appellant has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the N.D.P.S. Act') and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lac, and in default of payment of fine, to further undergo rigorous imprisonment for six months. The facts giving rise to this appeal lie in a narrow compass.

(2.) The appellant is a foreign national. On May 22, 1990 the appellant came to the I.G.I. Airport and presented his passport issued at Abidjan to the Immigration Officer for the purpose of immigration clearance as he was to board Turk ish Airways Flight No. TK-575 for Istanbul. The Immigration Officer entertained a suspicion about the authenticity of the passport and referred the matter to Inspector Sushil Kumar (Public Witness-7). On investigation the passport presented by the appellant was found to be forged. A rucca in this regard was sent to the concerned Polic Station on the same day at about 3.30 A.M. with regard to an offence punishable under sections 419/420 Indian Penal Code and section 14 of the Foreigners Act. The luggage of the appellant was also searched which resulted in recovery of 2.4 kgs. of smack concealed in the false bottom of a suitcase. 100 grams of smack was separated by the Investigating Officer for the purposes of sample. The sample was converted into a packet which was sealed with the seal 'PN'. The remaining case property was sealed in a separate bundle with the same seal. The seal was handed over to SI Dev Raj. It is the further case of the prosecution that SHO Ved Parkash Sharma (Public Witness-5) also sealed the parcels with his seal 'VPS'. The packets containing the case property and the sample were deposited in the Malkhana. The sample parcel along with the CFSL Form was sent for analysis to the C.F.S.L. As per the report dated July 9, 1990 of the C.F.S.L. the sample tested positive for heroin. After investigation a challan was filed against the appellant and he was charged under section 21 of the N.D.P.S. Act. The appellant pleaded not guilty to the charge and claimed trial.

(3.) The prosecution examined a number of witnesses in support of its case. The trial court found the appellant guilty of having committed an offence under section 21 of the N.D.P.S. Act. Consequently it convicted and sentenced the appellant to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1 lacs, and in default of payment of fine, to further undergo rigorous imprisonment for six months. The appellant feeling aggrieved of the order of the trial court has filed the instant appeal.