CUSTOMS Vs. PRINCE OZOCHOKWU UZOZIE

JUDGEMENT

(1.) THE four accused persons were prosecuted in N.D.P.S. Special Case No.92 of 1999 for commission of certain offences under the N.D.P.S. Act. Provisions of section 31(A) of the NDPS Act were added by amendment to 1985 Act whereby it was provided that second offences of certain kind described in that section would invite death sentence only, and that was the offence held proved by the learned trial Judge against original accused no.2. According to the learned Sessions Judge, such offences are covered by section 31(A) and he therefore made reference by Confirmation Case No.6 of 2002 for confirmation of the death sentence. The learned trial Judge found accused nos.1, 2 and 3 guilty of various offences under the Act as mentioned in the impugned order.

(2.) CRIMINAL Appeal No.1278 of 2003 is separately and independently preferred by accused no.1. Criminal Appeal No.46 of 2003 is preferred by accused no.2, and Criminal Appeal No.3 of 2003 is preferred by accused no.3. The State is also aggrieved by the acquittal of accused no.4 and has therefore preferred Criminal Appeal No 1482 of 2003. All these appeals and the Confirmation Reference arise out of the same NDPS case and are based on same set of evidence, the accused persons were involved in one single crime for which they were presecuted under the Act in this case. Therefore all the appeals were heard together along with the Confirmation Case. The contention of the appellants is that they are entitled to acquittal for lack of evidence proving any offence with which they were charged. The State i.e. the Union of India through the department of Customs and Excise, claims that the reference for Confirmation of death sentence is liable to be accepted and acquittal of accused no.4 is liable to be set aside. Since identical facts are involved in all these cases, reappreciation of which is necessary for the purpose of disposal of these appeals. Hence we heard the appeals and Confirmation matter together and it is being disposed of by this common order.

(3.) THE prosecution examined in all 15 witnesses to prove its case and after completion of the evidence, the learned trial Judge came to the conclusion of guilt. According to the learned trial Judge the accused no.2 was found guilty of the offence for the second time and therefore he by applying section 31(A) of the Act sentenced the accused no.2 to death and other accused to various following punishments.