NAOMI BANDA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) On the basis of a complaint filed by Shri V.K. Menon, Intelligence Officer attached to Air Intelligence Unit, Customs, the appellant was prosecuted on the allegation of having committed offences punishable under Section 21(c) of the NDPS Act read with section 8(c) thereof, and section 23(c) of the NDPS Act read with sections 8(c), 21(c) and 28 thereof.

(2.) The Special Judge, who held the trial, convicted her of the aforesaid offences, and sentenced her to suffer Rigorous Imprisonment for 10(ten) years, and to pay a fine of Rs.1,00,000/ on each of the said two counts. Being aggrieved thereby, the appellant a Zambian National has approached this Court by filing the present Appeal.

(3.) Among the three bags which were the checkedin baggage of the appellant, there was one green colour stroller zipper suitcase. A sniffer dog Maya along with her handler, was brought, and on sniffing the said green colour stroller zipper suitcase, the dog gave positive indication/signal for the presence of Narcotic drug/Psychotropic substances inside it, by barking. No such signal was given with respect to the other two bags. Suspecting the concealment of contraband in the said green colour stroller zipper suitcase, it was decided by the Officers to examine the baggage of the appellant. The appellant was brought to the Office of the Air Intelligence Unit (AIU), and in the presence of the panchas was asked whether she was carrying any narcotics or psychotropic substances, to which the appellant replied in negative. The appellant, however, stated that the said bag had been given to her by one Mary outside the Module 2C, and that the same was to be delivered to the said Mary at Lusaka. The Officers formed two teams and took the appellant, along with her baggage, outside the Module 2C of the Airport to see whether Mary could be found there, but the appellant did not identify anyone as 'Mary', and hence, the Officers, the appellant and panchas came back to the Office.