UNION OF INDIA Vs. PRABHAKAR NAIR

JUDGEMENT

(1.) The appeal is not on Board. With consent, it is taken on Board and heard. The registry to number the appeal.

(2.) This is an appeal against acquittal filed by the Public Prosecutor against the judgment of the Special Judge under the N.D.P.S. Act in N.D.P.S. Special Case No. 2 of 2005.

(3.) The brief facts are that on 3rd August, 2004 at about 6 p.m., P.W.1 received an intelligence message that consignment covered by Shipping Bill No. 5393705 dated 30th July, 2004 and Air Way Bill No.17627954161 of Emirates Air Ways, destination Johannesburg, South Africa, the consignor being M/s. A.V.M. Exports, Goregaon, would be lying at the Export Shed for General Cargo at Air Cargo Complex, Sahar, Mumbai. The said consignment, according the intelligence reports, was declared as talcom powder , but, in fact, in these packages, a large quantity of methaqualone powder, which was a psychotropic substance, was there. On the basis of the intelligence report, a First Information Report was registered, and a party left for the Air Cargo Complex. It was the prosecution's case that when it left to the Air Cargo Complex, it took with it field testing kit, weighing scale, sealing and sampling material and DRI seal. The panchas were collected from the Air Cargo Complex, and panchas were apprised about the intelligence received by the officers and they were requested to witness the proceedings.