RUIZ GUERRERO DOLORES Vs. CUSTOMS

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence dated 26.2.1997 passed by the Additional Sessions Judge, New Delhi in S.C. No. 45/95 convicting the appellant under Sections 21/28 read with Section 23 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') and sentencing her to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lac or in default to suffer further rigorous imprisonment for one year.

(2.) On the night intervening 23rd and 24th September, 1995, the appellant, a Spanish national, was intercepted at the Indira Gandhi International Airport, New Delhi by the Inspector Customs S.S. Jasan (Public Witness 1) while she was leaving for Matrid by Flight No. BA-1142. The search of her personal luggage (Ex. P 11) resulted in recovery of 10.976 kgs. of Hereoin. After completing the procedural formalities, representative samples of the contraband were sent for chemical analysis, which on analysis were found to be diacetyl morphine (Heroin) commonly known as Brown Sugar.

(3.) The prosecution mainly relied on the evidence of Inspector Customs S.S. Jasan (Public Witness 1), A.M. Sidharthan (Public Witness 8) and the Interpretator Ravi Kumar (Public Witness 2) besides the confessional statement (Ex. P 2/A) of the appellant. The learned Additional Sessions Judge, on appreciation of evidence on record, accepted the prosecution case and convicted and sentenced the appellant as indicated above.