R. WESTLY Vs. UNION OF INDIA

JUDGEMENT

(1.) To appreciate the rival contentions, it is essential to state the following minimum facts:

(2.) On 25.06.2019, the Narcotics Control Bureau (for brevity "the NCB") received information from one Sasi Kumar of DHL Express, Tiruppur, that his office has received an international consignment for delivery to a consignee in Saudi Arabia and that there is something suspicious about it. Hence, the NCB officials went to the office of DHL Express, Tiruppur, met Sasi Kumar, examined the consignment and the accompanying documents and found that the consignor was one R. Westly, S/o Ramaraj, 8/4 Main Road, Keela Mathapuram, Ambasamundram, Tirunelveli 627 415 and the consignee was one Basimah Hadi Alyami, Prince Faisal Bin Fahd Road, Madinat Al Umal, Al Khobar 34441, Saudi Arabia. The consignment was opened and it was found to contain Tramadol tablets 225 mg. Numbering 500, which is a psychotropic substance, trafficking of which, is punishable under the NDPS Act. The officers seized the consignment, drew samples and registered a case in NCB F.No.48/01/07/2019 NCB-MDS.

(3.) Again, on the next day, i.e., on 26.06.2019, the NCB received information from DHL Express, Tiruppur, went there and seized another consignment, wherein, the consignor was shows as Westly and the consignee was shown as Mishal Yousu , Aldossary 3565, Abdullah Bin Omar Street, Unit No.44, Khobar 34445-2854, Khabra, Saudi Arabia. On opening, the consignment was found to contain Tramadol tablets numbering 500. The officers seized the contraband, drew samples and registered a case in NCB F.No.48/01/08/2019 NCB-MDS.