MOHAMMED JAMEEN MOHAMED MUNAWAR Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) The accused 1 to 3 in C.C. No. 309 of 2002 on the file of the Principal Special Judge, (NDPS Act Cases), Chennai, stand convicted under Sections 8(c) read with 21 (c), 28 and 29 of the NDPS Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh in default to undergo rigorous imprisonment for one year for each count under Sections 21 (c), 28 and 29 of NDPS Act.

(2.) The case of the prosecution is as follows: On 9.4.2002 at 6.30 p.m., P.W.I, Intelligence Officer, NCB, Chennai received an information over phone that one Abdeen Mohamed Gazali is indulging in drug trafficking and he is to leave Chennai by flight bound for Columbo on 9.4.2002 at 9.00 p.m., and he had concealed about 5 kgs heroine in the false bottom of his suitcase. P.W. 1 recorded the said information in Exhibit P-1 and submitted the report to his Assistant Director and obtained his signature. At about 7.15 p.m., P.W. 1 along with the Assistant Director P.W.7 and Others went to the airport and reached the place at about 7.45 p.m. He called P.W.8 Sivaraman and Another Varadarajan, Security Officers and introduced himself showing his identity card and asked them to stand as witnesses. They went to the place where the travellers were seated. On identifying the second accused Abdeen Mohamed Gazali, P.W.1 showed his identify card and informed about the information by him and also informed that he is to be searched and also about his right to be searched before the learned Judicial Magistrate or gazetted officer as per Section 50(i) of the NDPS Act. The second accused opted to be searched by P.W.I himself. The second accused informed that he had brought one big size suitcase and one green colour rexin bag and he was carrying the rexin bag in his hand. He handed over the claim tag No. UL 725051 for the suitcase. P.W.1 and Others went along with the accused and got the luggage from the airport officers. The number in the tag claim was verified and confirmed. The second accused also identified the suit case. P.W.1 enquired the second accused whether he was in possession of any narcotic drug. The second accused opened the suit case and removed the clothes which were kept inside the bag and opened the false bottom in the suit case and took out a polythene bag and handed over to P.W.1 saying that the packet contained 5 kgs of heroine. P.W.1 seized the contraband weighing 5.10 kilograms. He took two samples each weighing 5 grams and those packets were also sealed. The second accused was also searched and he was having the air ticket in the name of Abdeen and he was also having boarding pass. He was also having Indian currency of Rs. 440/-. All the properties were seized. The mahazar was prepared in Exhibit P-2 and it was completed at 11.00 p.m., and in the said mahazar, two witnesses who were Security Officers, Assistant Director and the second accused signed.

(3.) P.W.7, the other Intelligence Officer issued summon Exhibit P-37 to the second accused and the second accused also voluntarily agreed to accompany him to the NCB Office. The seized contraband and the documents prepared were brought to the NCB Office and the second accused also accompanied.