JOHNSON ADEYMI Vs. ASSISTANT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) A short point is involved in this Criminal Revision Application. Although the facts are not in dispute, it will be adventageous to state the same. A Nigerian national was intercepted at Sahar International Airport, Bombay, by the Officers of the Customs Department (Ai Intelligence) and from the false bottom of his suit case 500 gms. of heroin valued at Rs. 1,00,000/- was apprehended under a panchnama. Soon thereafter his statement under Section 108 of the Customs Act was recorded, and there is no difficulty in holding that the Petitioner admitted that he was carrying the heroin on behalf of his friend to a place called Abijan in Nigeria.

(2.) When the Petitioner was produced before the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, in Criminal Case No. 3/CW/86, he pleaded guilty to the charge under Section 135(1) (a)(ii) of the Customs Act, 1962 read with Sections 13 and 20 of the Dangerous Drugs Act, 1930 . On recording his plea, the learned Additional Chief Metropolitan Magistrate was pleased to convict him under those Sections and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 3,000/- and in default of the payment of the fine to undergo rigourous imprisonment for three months. However, the substantive sentences were orderd to run concurrently and the period of detention was orderd to be set off against the sentence of imprisonment under Section 428 of the Code of Criminal Procedure. This order was made by the learned Additional Chief Metropolitan Magistrate on 10th March 1986.

(3.) Being aggrieved by this order of sentence, the Petitioner preferred an Appeal being Appeal No. 202 of 1986 before the Court of Sessions for Greater Bombay. His Appeal was disposed of by the learned Additional Sessions Judge on 28th August 1986 and the same was dismissed.