YERAWADA JAIL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant-original accused has impugned the judgment and order dated 7. 8. 2007 passed by the learned Special Judge, (NDPS) for Greater Bombay, in Special Case No. 36 of 2003. By the said judgment and order, the learned Special Judge convicted the appellant for the offence under section 8 (c) punishable under Section 21 (c), for the offence under Section 8 (c) punishable under section 23 read with Section 28, and for the offence punishable under Section 29 of the Narcotic drugs and Psychotropic Substances Act (hereinafter referred to as "ndps Act" ). Under each head, the appellant has been sentenced to RI for ten years and fine of Rs. 1 lakh in default RI for three months. The learned Sessions Judge directed that all the substantive sentences of imprisonment shall run concurrently.

(2.) IT is the prosecution case that on 8. 3. 2003 the complainant NCB Department received information that the accused would be leaving from Mumbai to lagos by Ethiopian Airline flight No. ET-661 carrying about 5 kgs of heroin with her by concealing it in her baggage. Hence, a trap came to be arranged and the accused came to be intercepted at the Airport. In one of the baggages of the accused, 5 kgs. 700 gms. of heroin came to be found. Accused came to be arrested. Samples came to be taken which were sent to the Chemical analyser. The C. A. report (Exh. 37) shows that the samples contained 2% of heroin.

(3.) CHARGE came to be framed against the accused for the offence under Sections 8 (c) r. w. 21 (c)punishable under Section 29 r. w. 23 (c), for the offence under Section 8 (c) r. w. Section 21 (c) and for the offence under Section 8 (c) r. w. 21 punishable under Section 28 r. w. 23 (c) of NDPS act. The accused pleaded not guilty and claimed to be tried. The defence of the accused is that of total denial. After going through the evidence adduced by the prosecution, the learned Special judge convicted the accused and sentenced the appellant as stated in para above. Hence, this appeal.