THANKGOD AFAM EZEME Vs. B D GOEL

JUDGEMENT

(1.) THE appellant, Nigerian national, has challenged his conviction and sentence under the provisions of the N. D. P. S. Act awarded by the Judgment and order dated 16th March, 1995 delivered by the Additional sessions Judge and Special Judge, Greater Bombay.

(2.) THE brief facts leading to the present Appeal are as under : The appellant, who is a Nigerian national, was found to be in possession of 12. 325 kgs. Heroin (a narcotic drug)from his baggage while he was at Mumbai Airport in order to board an Air India flight No. AI-840 scheduled for Delhi at 10. 30 p. m. on 15-4-1989 en route to Nairobi. He was also found in possession of 1545 US $ in his personal baggage. The Officers of the Intelligence Unit of the Airport, on information from Air India security staff, intercepted the appellant after he had checked-in two pieces of baggages. He was holding an air ticket of Ethiopian Airlines in his name. He was also holding Indian Airlines ticket in his name and two baggage identification tags bearing Nos. 167186 and 167187. He was also having boarding pass for the said Flight no. AI-840. The officers questioned the appellant whether he was carrying any narcotic drugs in the checked-in baggages to which he replied in the affirmative. He identified two pieces of checked-in baggages which were bearing the identification tag numbers as above. They were examined in the presence of panch witnesses resulting in the recovery of 12. 325 kgs. of brown powder i. e. heroin in 26 polythene packets concealed in the pair of bed sheet and pillow covers which were found in the two baggages. Preliminary test of the sample drawn of the said brownish powder was tested with the field testing kit which indicated the presence of brown sugar. On examination of the brown colour leather hand bag in his possession the officers found that he was carrying US $ 1545. The officers seized the said narcotic drugs in the said 26 polythene bags along with US dollars and the travel documents of the appellant along with two zipper bags used for the concealment of the narcotic drug under the seizure panchanama prepared in the office of AIU after the samples were drawn from the brown coloured powder. The samples were collected, packed, labelled and sealed in the presence of independent witnesses. Thereafter the statement of the appellant was recorded under section 108 of the Customs Act pursuant to the summons served on him on 16-4-1989 by the superintendent of Customs. In the said statement the appellant had admitted the possession, concealment and recovery of heroin from the aforesaid baggages. He stated that he had received monetary consideration of 2000 US $ for carrying the brown sugar, out of which he was in possession of balance of 1545 US $.

(3.) THE sample drawn from the aforesaid heroin was sent to the C. A. , Dy. Chief Chemist, Bombay for analysis, Report of the Chemical Analyser (Exh. 9) shows that each of the two samples sent for analysis were brown powder and tested for heroin.