PUTHIGODI ALI USMAN BASHEER VELLANKOD Vs. INTELLIGENT OFICER NARCOTIC CONTROL CELL COMMISSIONERATE PREVENTORATE MUMBAI

JUDGEMENT

(1.) HEARD the Counsel for the parties in detail in context with evidence on record.

(2.) THE appellant is hereby assailing correctness, propriety and legality of the Judgment and order passed by Special Judge (N. D. P. S.) Greater Mumbai in n. D. P. S. Special Case No. 644 of 1997 whereby he has convicted the present appellant for the offence punishable under provisions of s. 21 read with s. 8 (c)of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as N. D. P. S. Act for convenience) and sentenced him to undergo R. I. for 10 years and to pay fine of Rs. 1 lac, in default, to undergo further R. I. for three months. The appellant also has been convicted for the offence punishable under s. 28 read with ss. 23 and 8 (c) of the N. D. P. S. Act and sentenced to undergo R. I. for 10 years and to pay fine of Rs. 1 lac, in default to undergo further R. I. for three months. By the same Judgment and order, the appellant has been convicted for the offence punishable under s. 419 read with s. 511 of the I. P. C. and has been sentenced to undergo R. I. for two years. He has been further sentenced for committing an offence punishable under s. 471 of the i. P. C. and has been sentenced to undergo R. I. for two years. The substantive sentence has been directed to run concurrently.

(3.) THE prosecution case, in brief, is that between 10/07/1997 and 11th July, 1997 the appellant was found wearing a pair of shoes when he was present in the premises of airport. On account of suspicion he was accosted by pros- ecution witnesses Nos. 1 and 3. A query was made by immigration officer and it was noticed that he was, as per prosecution case, attempting to travel on a forged passport which was in the name of one Basheer Vellankode. His baggage, which was checked in, was searched. Nothing was found in it. Nothing was found on his person in the pockets of the dress. The officers searching him suspected of the pair of shoes. It was taken off and the heels were removed and it was noticed that there was a cavity in the heels of both the shoes and in the cavity of each shoe polythene packet containing 150 gms. heroin was stored. Those two packets were seized, opened and the powder was collected and was packeted in one big polythene bag and three sample packets containing each of 5 gms. of heroin. Before collecting those samples the raiding party had satisfied itself that the said powder was heroin by testing it by test kit which was with the said party. A panchanama was prepared and the seizure was completed at 3. 00 a. m. of the said night.