RITA KAROLINE KUMMEL Vs. CUSTOMS

JUDGEMENT

(1.) This appeal is directed against the judgment and order of sentence dated 14.5.1996 passed by the Additional Sessions Judge, Delhi in S.C. No. 234/95 convicting the appellant under Section 21, and Section 28 read with Section 23 of the Narcotic Drugs and Psychotropic Substances Act (for short `the Act') and sentencing her to undergo rigourous imprisonment for 15 years and to pay a fine of Rs. one lakh on each count or in default to suffer further rigourous imprisonment for one year.

(2.) The appellant, a German National, was intercepted at the Indira Gandhi National Airport, New Delhi by Mr. Dineshwar Singh, Assistant Custom Officer while she was leaving for Madrid on the night intervening 11 & 12 November, 1994. The search of her personal luggage resulted in recovery of 8 kgs. of heroin. On 7.2.1995, Mrs. Geeta Srivastava, Customs Officer (Prevention) IGI Airport, New Delhi filed a complaint under Sections 21/23/28 of the Act against the appellant. The appellant was charged for offence punishable under Sections 21/23/28 of the Act for being in unlawful possession of 8 kgs. of heroin which she attempted to unsuccessfully export out of the country.

(3.) The appellant abjured her guilt and alleged that a false case has been foisted on her. The appellant in her statement under Section 313 Cr.P.C. has stated that she was coerced to write a statement dictated by customs officers. She has not examined any witness in support of her defence. The trial court for the reasons mentioned in its judgment convicted the appellant under Sections 21/28/23 of the Act.