RAKESH R SHARMA Vs. ASST COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THIS appeal is filed by the accused against his conviction under Section 29 r/w 8 (c) and 22 of the N. D. P. S. Act by the Special Judge (NDPS), Brihanmumbai, vide his judgment dated 13-3-2001 by which the accused has been sentenced to suffer r. I. for loyears and to pay a fine of Rs. One lac and in default to undergo S. I. for 3 months. The accused is in custody since 19-6-1998 till this date.

(2.) THE case of the prosecution, in short, is that, the Assistant Commissioner of Customs, Sahar Airport, Mumbai received a letter dated 18-6-1998 from Tauseef Khan, Air port Manager, South African Airway, mumbai to the effect that two bags of South african Airways Flight SA-277 dated 18-6-J988 were found to be tagged twice by the counter-staff of the Airline with the Tag. No. SA-157605 and SA-157606 and as such the said tags were overloaded and the concerned passenger was required to identify the tags. Further information in the said letter is that all the four bags were tagged in the name of sobey/cp MRS. The said passenger identified two bags out of four as her baggage and, therefore, the other two tags which were tagged under the same tag numbers were taken to the Aircraft Door and all the passengers were asked to identify the bags. However, none of the passengers from the said flight could identify the other two bags. Two bags were taken charge of and under the letter and directions of Assistant Commissioner addressed to the Air Intelligence unit of Customs a search was carried out in presence of two panchas and the two bags were found containing 88. 334 grams methaqualone tablets. The matter was thoroughly investigated and it was found during investigation that one Shinde loader had brought those bags and he sought help of this accused in getting duplicate tags.

(3.) THE procedure in this regard was brought on record by PW-3 Taqseefkhan mohd. Anis Khan who was working with south African Airways as Air Port Manager since 1995 and he was in the station at the airport. His evidence, which is relevant for the purpose of role of this accused and that of Shinde, is in paras 4 and 5 which are as under : Para No. 4 : On 17-6-98 I reported duty at the Airport at 11. 00 p. m. At about 11. 45 p. m. I came to the checked-in-counter Shri sunil Thilat had allotted duty to our staff. Milind Sawant was allotted duty at the ramp area. The ramp area is around make-up area and the Aircraft. The Hariprasad was working as an errand staff-acting as a peon. Richa Yadav was supervising counter area to sort out any grievances of the passengers. The Air India staff manning the counter were rakesh Sharma and 2 others. Rakesh sharma Is present In the Court. Accd. sitting in the dock is the said Rakesh Sharma. (Witness points out the accd. sitting in the dock ). There was one loader by name Shinde. The said Shinde was assisting in taging the bag on and of. There were some passengers at the counter when I went there. Most of the staff members of South African Airways have walkie talkie sets. I was having one, milind Sawant was having one, Richa Yadav having one. With the help of this sets we can communicate with each other. If somebody is near me we can hear the voice of calling party. If I speak loudly others present near me can also hear. On that day the flight was S. A. 277 and the time of departure was 2. 30 a. m. on 18-6-98. While I was at the counter on 18-6-98 Milind Sawant contacted me on walkie talkie and informed that there were 2 bags that has duplicate tag numbers as detected by Air-India security in the make-up area. The name of the passenger given as Sobey C. P. Milind Sawant told me that there were 4 bags In the make-up area and 2 bags had duplicate tag number on the bags i. e. to say 2 bags had same number. When the call came at that time the accd. was present. I told Milind Sawant to get all the 4 bags of loaded. At that time I did not know who from the Air-India staff had issued duplicate number of baggage tag. The accd. stated to me that he has checked in the said passenger Sobey in whose name the 4 pieces of baggage were shown. The accd. stated to me that he has checked in all 4 bags from his counter. When I asked for an explanation from the accd. the accd. stated that the passenger Sobey had actually 4 bags but he initially checked in 2 baggages. Since there were 2 more bags along with this 2 bags he thought that his bags have not been checked in and he took out the same tag numbers again off tagged on the said 2 pieces of baggage. 1 asked him as to how the discrepancy took place and he stated that there was an error on his part. We had a discussion and the accd. suggested that the problem could be solves by adding 2 more baggages in the computer and issue fresh tag. I allowed him to do that, and I moved away from the counter. I also believed him as he was authorised Air-India staff and allowed him to do what he said. Para 5 : The accd. took 4 tags from the computer 2 of the old number and 2 next consecutive numbers. I do not remember those consecutive numbers. At the relevant time I had seen the number from the tags as well as computer number. The accd. sent the tags through another loader by name shinde whom I have mentioned above. The loader went and attached the new tags on the 4 bags. Shri Shinde brought the earlier tags having duplicate number on the checked-in-counter. Shri Shinde showed the tags to me to convince me that there was an error because of lines on the tags. Shinde threw the tags in the dustbin. I did not retain the said tags. "