CHARLES CHIDI NWOKORIE Vs. INTELLIGENCE OFFICER NARCOTIC CONTROL

JUDGEMENT

(1.) THE appellant-accused is a Nigerian National was placed for trial before the Special Judge for Greater Bombay in N. D. P. S. Case No. 762 of 1989 and has challenged the judgment and order of conviction recorded by the learned Special Judge, Greater Bombay, dated 28-4-1995 convicting the appellant-accused for the offences under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "n. D. P. S. Act") and the appellant-accused was ordered to suffer rigorous imprisonment for 12 years and to pay a fine of Rs. 1,00,000/- in default the appellant-accused to undergo rigorous imprisonment for one year.

(2.) AS per the charge framed against the appellant-accused it is the prosecution case that on 9-7-1989 at room No. 101 of Hotel Green Star, Colaba, Mumbai, the accused had purchased or possessed 800 grams of heroin valued at Rs. 1,60,000/- in contravention of the prohibition imposed under section 8 (c) of the N. D. P. S. Act and thereby committed offence under section 21 of the N. D. P. S. Act and on the same day in the course of the same transaction made preparation to export 800 grams of heroin valued at Rs. 1,60,000/- in contravention of prohibition imposed under section 8 (c) of the N. D. P. S. Act and accused has committed offence punishable under section 8 (c) read with sections 23 and 30 of the N. D. P. S. Act and he was further charged that on the same day appellant-accused made preparation to export the said heroin out of India in contravention of the prohibition imposed under section 11 of the Customs Act, 1962 read with section 79 of the N. D. P. S. Act and accordingly the accused has committed offence under section 135-A of the Customs Act, 1962. The statement of the accused under section 67 of the N. D. P. S. Act was recorded by the Investigating Officer, N. C. B. , Bombay, Shri Sawant on 10-7-1989.

(3.) DURING the trial the prosecution has also placed reliance upon the said statement of the accused recorded under section 67 of the N. D. P. S. Act dated 10-7-1989 which was on the record at Exhibit 40. As per the prosecution case the sample drawn, seized from the accused were sent for analysis to the Director of Forensic Science Laboratory, Bombay and as per the report submitted by the Assistant Chemical Analyser vide his letter dated 25-7-1989 and as per the said report the said sample was found and it was detected as heroin. During the trial the chemical analyser report and qualitative report were produced at Exhibits 23 and 22 and as per the said opinion it was opined that the sample was a preparation of Diacety Morphine, a narcotic drug as defined under the N. D. P. S. Act.