SIYAKA MARONG ABDOULAYA Vs. J L PANDEY

JUDGEMENT

(1.) THE appellant who is the only surviving person from the row of culprits who happened to be concerned with the allegation of the prosecution of conspiracy for committing the offence punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act for convenience), is hereby assailing the correctness, propriety and legality of the judgment and order convicting and sentencing him passed by Specialjudge in N. D. P. S. S. P. L. Case No. 334 of 1996 whereby he has been convicted of offence punishable under section 29 of the N. D. P. S. Act and has been sentenced to undergo R. I. for 12 years and to pay fine of Rs. 2 lacs, in default to undergo R. I. for one year.

(2.) SOME facts need to be stated for the purpose of unfolding the prosecution case. The Officers of N. C. B. received certain information and in context with the said information they intercepted Ms. Beatrice Rhoda and Camara mamadi (both now deceased) on 27-4-1996 at 6. 35 a. m. at Sahar Airport, mumbai. They found 4 kilograms of heroin concealed in 11 plastic bottles of hair conditioners which were recovered from Magnum suitcase, checked-in-baggage of Ms. Beatrice. 5 documents were recovered from her purse. Camara mamadi who had followed Beatrice was also searched. 7 documents were recovered from his hand baggage. Samples of 5 grams each were drawn and collected separately from contraband recovered from Beatrice, which was packed and sealed separately in presence of panchas, after drawing panchanama in that context, 11 plastic bottles, polythene bags were packed in a separate carton. Said Magnum suitcase, samples, packing material and documents were seized under panchanama at the Sahar Airport. A complaint was lodged and investigation progressed which revealed that Beatrice was engaged by one Ibrahim Diakite for carrying drugs for monetary consideration and in that deal, Camara Mamadi was her accomplice.

(3.) IT is the prosecution case that Ms. Beatrice stated name of present appellant in her statement recorded by the said Officers which was recorded in view of provisions of section 67 of the N. D. P. S. Act. It surfaced in her statement that camara Mamadi and herself stayed at Delhi at Hotel Sahar International Deluxe and on 25-4-1996 Camara Mamadi had told her to go to Mumbai as narcotic drug was secured in Mumbai. She further stated in her statement the name of the present appellant as a person who was staying at Hotel Kelson having telephone No. 7522646. She was not certain whether appellant was a Gambian or citizen of Senegal. However, she had given description of one Abdulla, who, prosecution claims, is the present appellant. She also named one Ibrahim diakite, a resident of Nairobi as the person who had accompanied herself and camara Mamadi to Mumbai for collecting the drugs. She identified Camara mamadi who was produced before her at the time of recording her statement. She stated in her statement that on 27-4-1996 Camara was to accompany ibrahim to meet Abdulla for concluding the drug deal.