ZAINAB BTE YOUSUF Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant in Criminal Appeal No.162 of 2007 is the accused no.1 and the appellant in Criminal Appeal No.325 of 2007 is the accused no.2 (Hereinafter for the sake of brevity are referred as 'Accused No.1 and Accused No.2') Both the accused by the impugned judgment and order dated 19th December, 2006 passed by the Special Judge in N.D.P.S. Special Case No.21 of 2001 came to be convicted for the offences under Sections 8(c) read with 20(b)(c), Section 8(c) read with Sections 23 read with 28, Section 8(c) read with Section 29 of the N.D.P.S. Act and sentenced to suffer R.I. for ten years each, and to pay a fine of Rs.1 lakh each, in default to suffer R.I. for a period of one year on each count. Substantive sentence imposed on the accused are ordered to run concurrently.

(2.) Prosecution case in brief is as under:

(3.) On interception, the accused were enquired if they are carrying any narcotic drugs. However, the accused replied in negative. Officers having not satisfied by the reply given by the accused decided to search them and their baggage and for that purpose arranged for two independent pancha witnesses. After completing legal formalities, the checked-in pieces of the baggages of the accused were brought to the baggage examination counter near the Customs counter. In the meanwhile travel documents of the accused which were in their possession were searched which consisted of passports and Air India tickets for flight no.AI-430 dated 27.11.2000. Accused no.1 was carrying one hand bag as her hand baggage.