T LETMINLEN HAOKIP Vs. CUSTOMS

JUDGEMENT

(1.) Vide the present petition the petitioners seeks directions thereby to set aside the order dated 04.08.17 passed by learned Additional Sessions Judge, Special Judge (NDPS), Dwarka District Court, Delhi in S.C. No.440324/16, whereby charges have been framed against the petitioner/revisionist for the offence punishable u/s 21(c), 23, 28 & 29 of NDPS Act, 1985.

(2.) Case of the Petitioner is that on 01.12.2010, consignments for Singapore were intercepted at the Airport wherein the consignments were declared to be as Cosmetics items in the name of; 1. John Keneddy, 358 Alfreton Road, NG75NE, Nottingham, UK and 2. Ibonn Godlip, ARADUSVOGELHOF,1221 LL Hilwersome, Holland. On 02.12.2010, Sh. Deepak Jaiswal handed over both the parcels and two independent witnesses were called and in their presence, the boxes were opened. It is alleged that the First Box weighed 3.50 Kg, X-Ray was conducted and some sort of concealments were found, therefore, the box was opened wherein 204 Pieces of cosmetics including lipsticks were found. Thereafter, the back side of the box was opened wherein a small packet wrapped in carbon paper was found. However, when the entire packet was opened "Brown Colored Powdery Substance" was found in it. All packets contained the same powder, accordingly, small quantity of the same was tested in Ion Scan. Total weight of the Powder was 451 gms and 3 representative samples of 5 gms were drawn and kept in separate envelopes and were sealed. Balance 436 gms was kept in a separate polythene pouch and sealed with customs seal. One sealed sample was handed over to DHL as custodian and two sample parcels were kept by customs.

(3.) The Second Box was also opened, inside which Brown Colored Powdery Substance was found, net weight of which was 874 gms. Out of the total 874 gms of substance, 3 samples of 5 gms each were made. On 02.12.2010, the Accused/Revisionist No.2 made a call to DHL Office Dehradun and the official of DHL informed that there was problem in ID. Accordingly, the Revisionist No.2 gave address of Delhi to collect the ID.