STRINO JUEN ANTANIO Vs. CUSTOMS

JUDGEMENT

(1.) This appeal is directed against the judgment and order of sentence dated 4.4.1996 passed by the Additional Sessions Judge Delhi in S.C. No. 31/95 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 him 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.) The appellant, a Spanish national, was intercepted at the I.G.I. Airport, New Delhi by the Assistant Customs Officer R.C.Kundara, while he was leaving for Amsterdam by KLM flight No. K.L. 872. the search of his personal luggage resulted in recovery of 250 grams of heroin. After completing the procedural formalities, a sample was sent for chemical analysis. The sample which was sent for chemical analysis was found to be diacetyl morphine (heroin) commonly known as brown sugar.

(3.) The prosecution mainly relied on the evidence of ACO Shri R.C. Kundara (Public Witness -1) and Air Customs Superintendent Shri Syed Yaseen (Public Witness -2) besides the confessional statement (Ex.PW-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.