SHIRLEY SILVANA LASUT Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) Impugned judgment of 28th November, 2013 holds appellant guilty for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances, Act, 1985 and vide order of 13th December, 2013 appellant has been sentenced to rigorous imprisonment for ten years with fine of Rs. 1,00,000/- and in default of payment of fine, appellant has been sentenced to undergo simple imprisonment for three months. The facts as noticed in the impugned judgment are as under:-

(2.) Apart from the evidence of Investigating Officer, prosecution has relied upon evidence of 18 witnesses. The stand of appellant-accused before trial court was of denial in respect of 1.296 kgs. of heroin recovered from her baggage at domestic airport terminal. Appellant has not got any witness examined in her defence. On the basis of the evidence led, trial court has convicted and sentenced appellant as noticed hereinabove.

(3.) Learned counsel for appellant assails the impugned conviction and sentence on the ground that there are patent flaws in the prosecution case, which entitles appellant to acquittal. It is submitted that no CFSL form was prepared when the alleged recovery was affected. It is submitted that the Test Memo and the recovery made was never deposited with Malkhana. According to appellant's counsel, the sample collected had remained in between Investigating Officer, (PW-1) and Senior Intelligence Officer, (PW-3). It is pointed out that the forwarding letter for sending the sample to CFSL bears the facsimile of sample seal and the forwarding letter was admittedly prepared by PW-3. It is submitted that PW-3 was in possession of the sample seal and the case property in the night intervening 26th and 27th November, 2009 and it remained with him till the case property was sent to Malkhana on 27th November, 2009".