K LEELA Vs. STATE

JUDGEMENT

(1.) THE appellant, who has been tried for the offence punishable under Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 21 of the said Act, Under Sections 8(c) r/w Sections 28 and 23 and Rule 53 of the said Act, 1915, and under Section 13 of the Import and Export Control Order, 1962 and Section 135(1)(A)(ii) of the said Act and convicted for the offences under Section 8(c) read with Section 21 and Section 8(c) read with Section 23 and 28 and read with Rule 53 of the Act and sentenced to undergo rigorous imprisonment for ten years under each section and to pay a total fine of Rs. One Lakh, in default to undergo rigorous imprisonment for a period of three years has filed this criminal appeal.

(2.) .The necessary facts for the purpose of disposal of this criminal appeal are as follows : - On 30 -9 -1987 morning on previous information, the Officers of the Customs, Circle of Rameswaram intercepted the accused while she was proceeding towards Rameswaram Port with a suitcase. When P.W. 1 questioned her whether she was in a possession of contraband, the accused replied in the negative. At that time, the accused was carrying a bag and a suit case. P.W. 1 summoned an independent witness P.W. 4 and one Sukumar interrogated her. Then the accused told that she is a native of Ceylon and she is returning to ceylon and she has not in a position to smuggle goods or narcotics drugs. Thereafter P.W.1 took the accused to the baggage hall and asked P.W. 3 Thirumathi Andichi a sweeper of the Customs Department to cause a personal search of the accused. P.W. 3 has taken the accused to a separate room and searched her. P.W. 3 found a polythene packet of 1 foot length and 3 inches breadth tied to her waist and a cash of Rs. 1, 700/ - and the same was produced by her to P.W. 1 and his party. On opening the polythene packet, it was found to contain a brown powder which was suspected to contain Heroin. On opening the suit case and the bag of the accused, P.W. 1 found, that, there were Indian Textiles worth about Rs. 2, 000/ - then P.W. 1 summoned P.W. 6 Thiru Ganesan Asari an Appraiser approved by the Government to weigh the brown powder contained in the polythene packet which was marked as M.O. 1. On weighment, the polythene packet with its content was found to have a weight of 155 gms and the net weight of the brown powder is 149 gms. P.W. 1 asked P.W. 3 to take a sample of 10 gms from the polythene packet and covered it and sealed it for the purpose of chemical examination. The remaining 139 gms brown powder was kept separately and sealed. A mahazar Ex P2 was prepared at the spot which contain all the above facts and activities. In the said Ex P2 mahazar apart from P.W. 1 and his party the independent witnesses P.W. 4 and one Sugumar, and P.W. 6 also have signed. The accused was taken to office of P.W. 1, where the accused gave a confession statement which is marked as Ex P

(3.) .The learned Counsel for the appellant took me through the evidence of the important witnesses and the judgment of the Sessions Judge and submitted that at the Court below was not justified in convicting the accused for the offence mentioned above. She submitted that the search made by P.W. 1 is in contravention of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. She invited my attention to Section 50 of the said Act, which reads as follows : -