AGNES RUDDY ODHOCH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appeal is preferred by the original accused challenging the judgment and order dated 05.12.2007 passed by the Special Judge, Greater Mumbai, whereby the accused / appellant was convicted for the offences punishable under Section 21(c), Section 23(c) r/w. Section 28 and Section 29 r/w. Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in brief "NDPS Act") and was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.1 lakh, and in default to pay fine, to undergo further rigorous imprisonment of one year on each count.

(2.) Prosecution case, in brief, is that Narcotic Control Bureau, Mumbai Zone (II) (for brief "NCB") received an intelligence on 05.05.2002 that two African ladies namely Josephine Funsani and the present appellant Agnes Ruddy Odhoch were to smuggle substantial quantity of heroin out of India in their baggages or on person. Both the ladies were to board Kenya Airways Flight No. KQ-201 scheduled at 3.00 a.m. on 06.05.2002 from Mumbai to Nairobi. The Intelligence Officer Rosario noted down the information and passed on the same to his superiors. Thereafter, a team of the NCB officers arranged to apprehend the said passengers. Firstly, pre-flight manifest of flight No.KQ-201 was collected. At serial No.1, name of the appellant / accused was shown while, name of Josephine Funsani was shown at serial No.35. Two panch witnesses were also called. The officers of NCB along with the panch witnesses intercepted the appellant and two boarding cards, one for Mumbai - Nairobi Sector and another for Nairobi - Johansburg Sector were found with her. On her air-ticket, two baggage claim tags were affixed having details of the accused and her journey. It also contained details of charges paid for the excess baggage. The accused identified her two suitcases, which were found locked and affixed with security stickers as well as identification tags.

(3.) The keys of the suitcases were in possession of the accused. She produced the same, and with those keys, the bags were opened. Upon opening the bags, only her personal articles were found. However on lifting each suitcase, they were found unusually heavy, for which the accused could not give any satisfactory reply. The officers opened the zip of the inner cloth lining of both the suitcases, which exposed the PVC sheets on which two pipes were fitted for the movement of telescopic pulling handles. On pulling the PVC sheet, one black coloured polythene bag was found pressed flat in between the inner and outer PVC sheets in each of the bags. The said polythene bag contained brown powder. It tested positive for the presence of heroin. As both the bags contained the similar material, they were emptied in another transparent polythene bag. On weighing, that brown powder was found to be 5.400 kg.