BHAVSINGH D RATHOD Vs. ASSISTANT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) Bhavsingh Rathod @ Bhavasinghbhai, the 4th accused in C. C. 46/1992 on the file of the II Addl. Sessions Court, Ernakulam, has been found guilty under S.20(b)(ii)(c), S.25, S.28, S.29 and S.30 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the N.D.P.S Act and also under S.135Aof the Customs Act, 1982, in short 'the Customs Act' and therefore were convicted and sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of rupees two lakhs, in default to undergo simple imprisonment, for two years for the offences under the N.D.P.S. Act, except S.30 thereof, for which no separate sentence has been imposed; and to undergo simple imprisonment for three years, together with a fine of Rs. 50,000 in default of payment of which to undergo further imprisonment for six months, for the offence under the Customs Act. The substantive sentences were directed to run concurrently.

(2.) The main contentions of the learned counsel Mr. C. C. Thomas is that the conviction of the appellant is not legally sustainable as the conditions contained in S.30 of the Indian Evidence Act has not been properly appreciated by the Trial Court.

(3.) The learned counsel Mr. C. S .Abdul Sammad appearing for the prosecution submitted that though accused Nos. 1, 2 and 7 were not jointly tried with the accused, the statements recorded by the investigating officer(s) under S.108 of the Customs Act and under S.67 of the N.D.P.S. Act can be used as apiece of evidence against the accused under S.138B of the Customs Act and under S.53A(a) of the N.D.P.S. Act respectively. Counsel also submitted, relying on the conduct of the accused, that he is a very influential person and, therefore, had prevented accused Nos. 1, 2 and 7 from being apprehended and C. Ws. 6 and 11, the drivers, from being brought before the court to tender evidence during the trial.