VENEELA TILAK Vs. SHAHASANE ASSISTANT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) THE Appellant was charged for offences punishable under section 22 read with section 8 (c) and under section 23 read with section 28 of the N. D. P. S. Act and under section 135 (1) (a) read with section 135 (i) (ii) of the Customs Act, 1962. By his Judgment and Order of conviction and sentence dated 31-3-1993, the ld. Special Judge, Greater Bombay convicted the appellant-accused for offence punishable under section 22 read with section 8 (c) of the N. D. P. S. Act, 1985 and sentenced her to suffer R. I. for 10 years and to pay a fine of Rs. 1,00000/- in default, she was to suffer R. I. for 2 years. The accused was further convicted for offence punishable under section 23 read with section 28 of the N. D. P. S. Act, 1985 and under section 135 (1) (a) read with section 135 (i) (ii) of the customs Act, 1962 and she was sentenced to suffer r. I. for 10 years and to pay a fine of Rs. 1,00,000/ -. In default, she was to suffer further r. I. for 2 years. The said Judgment and Order of conviction and sentence is challenged in the present appeal.

(2.) ACCORDING to the prosecution, secret information was received by the Complainant Mr. Shahasane on 5-8-1990 that the accused along with one South African, one Mr. Zain (since acquitted), was leaving Bombay for Lusacan by Zambia Airways flight No. 02081 which was flying on 6-8-1990 at about 3. 15 a. m. from Sahar Airport, Bombay, Module-II. The accused and the other person, both South african nationals were to smuggle large quantity of Mandrex tablets, a psychotropic substance. Mr. Shahasane reduced the said information into writing, sealed the same and handed over the same to his higher authority. He discussed it with them. On the night between 5th and 6th of August, 1990, at about 12. 15 hours Mr. Shahasane contacted his Deputy Director Mr. R. N. Kakkar and Mr. Sawant, Superintendent of N. C. B. and called them to the Departure Module-II at Sahar Airport, bombay at about 1. 15 a. m. Thereafter Mr. Shahasane, Deputy Director Mr. Kakkar and Mr. Sawant, Superintendent of N. C. B. met at the airport and they went to the Departure Module-II at baggage X-ray machine. One Victor Peter, Asstt. Security Officer and Miss Varsha Parkar, Asst. Security Officer were on duty on that night. Two witnesses were called at about 1. 30 a. m. on 6-8-1990. They were informed about the information received. After a few minutes a lady i. e. the present accused came there with three suit-cases. The suitcases were brown, green and black in colour. She put them on the X-ray machine. PW-3 victor Peter noticed some concealment in the two suitcases out of the 3 suitcases which was viewed on the screen. Upon seeing this fact, Mr. Shahasane asked the accused her name and she gave her name as Veneela Tilak. He asked the accused to sit on a chair nearby the Customs Counter along with her baggage.

(3.) AT about 2 a. m. the other person by name mr. Zain came with black colour suitcase and a shoulder bag. He put the same on X-ray machine and pw-3 Victor Peter found a similar concealment in his suitcase. Mr. Shahasane asked his name to which he replied as Mr. Zain. Both the suspected passengers, two Air-India Officers on duty by name victor Peter and Varsha Parkar along with two panchas Mr. S. Aigal and Mr. A. Kadam went to the nearby Conference Hall. The search of the baggage of the accused was taken. The brown suitcase was found to contain certain garments and 35 polythene packets containing white tablets suspected to be mandrex a psychotropic substance. The said packets were concealed in the folds of garments. In the other suitcase of green colour 32 similar polythene packets containing white tablets were found. The said polythene packets were concealed in the similar manner.