NENE OKUGO Vs. STATE OF M P

JUDGEMENT

(1.) SPECIAL Judge (NDPS Act), Jabalpur in Special Case No. 4/97 vide impugned judgment dated 9-2-99 recording conviction of appellant under sections 8/21,23/29, NDPS Act, 1985 sentenced her to undergo R. I. for a period of 10 years and to pay fine Rs. 1 lakh, in default to suffer further imprisonment for a period of two years on each count. Being aggrieved, appellant has preferred this appeal under Section 374 (2), Cr. PC.

(2.) A parcel addressed to Mrs. Joogi Hote c/o Nene Okugo, 89 napier Town, Opposite Goodwill Complex, Jabalpur, M. P. , India, Postal Code 482 001 said to have been dispatched from Brazil at the London Airport was suspected to be a parcel containing contraband. Being a suspected case of Drugs trafficking, the Drugs License Officer Chet Patel obtained the same for controlled delivery. The counter part Vijay Kumar Sahasne (P. W. 15) Superintendent Narcotics Control Bureau, Bombay (N. C. B.) accordingly was informed. Thereafter, the parcel was handed over to him. In turn Vijay Bahadur delivered the parcel to Dr. R. P. Sharma (P. W. 6), Director NDPS, Jodhpur Zone for further action. Dr. R. P. Sharma in presence of Sarvan Singh Chouhan (P. W. 1)an officer of N. C. B. , delivered the parcel to R. K. Shrivastava, Head Postmaster, jabalpur. Before proceeding with the controlled delivery to the addressee photographs (P/2-A, B, C, D) (P/3-A, B, C, D) were taken. The preliminary enquiry revealed that it contained cocaine. Dr. R. P. Sharma, Sarvan Singh Chouhan having arranged the raid summoned Arun Kumar Rai (P. W. 3 ). The Head Post Master then gave the parcel to Hemu Lal Rajak (P. W. 2), Head Post Man, Jabalpur. On 10-10-96 the postman Hemulal visited the house of the addressee and found appellant Nene okugo. Appellant received the parcel from postman Hemulal and acknowledged its receipt. Immediately Sarvan Singh Chouhan (P. W. 1), Dr. R. P. Sharma (P. W. 16) with Arun Kumar Rai (P. W. 3) raided the house of the appellant. The appellant was apprised of the fact that Sarvan Singh Chouhan an officer of the ncb intends to take a search of the residential house of the appellant. On search, the parcel said to have been delivered to the appellant, was found kept below the pillow on the bed of the appellant. Accordingly, it was seized and on opening 473 grams of cocaine kept in the folder of the book was recovered. A small instrument of weighing-weights etc. also were found inside the room. These articles were seized from the possession of appellant vide Panchnama (Ex. P-7 ). The appellant was arrested. The sample for the purpose of analysis from the seized contraband also was taken and sent for analysis, Assistant chemical Examiner Government Opium and Alkaloid Works, Neemuch certified that the sample containing dull white morphines powder was Coca derivatives containing more than 0. 1% Cocaine covered by Section 2 (v) of the NDPS act.

(3.) APPELLANT Nene Okugo alias Janet Marve of Assam (India) origin was living with Michael Akubo alias John Peter alias Mike as his wife at 89/562 napier Town Opposite Goodwill Complex, Jabalpur. She was party to the drug trafficking in association with Michael Okonran Kava Okugo and Banet Gohar of Nigeria. Completing the investigation the N. C. B. charge-sheeted the appellant under Sections 21, 23 read with Section 29 of NDPS Act.