MURSALEEN MOHAMMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) With consent of the parties, this appeal is taken up for hearing, dispensing with preparation of paper books as the lower court records are produced before this Court.

(2.) The appeal is directed against the order dated 17th April, 2017 passed by the learned Additional Sessions Judge, 6th Court, Barasat, for commission of offences punishable under Sections 21(b) & 23(b) of the NDPS Act and North 24- Paraganas in N.D.P.S. Case No. N 28/2012 convicting the appellant under sections 21(b) & 23(b) of the NDPS Act and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.75, 000/- in default to suffer simple imprisonment for five months for commission of offence punishable under section 21(b) of the NDPS Act and to suffer rigorous imprisonment for seven years life and to pay fine of Rs.75, 000/- and in default to suffer further simple imprisonment for five months for commission of the offence punishable under section 23(b) of the NDPS Act. Both the sentences shall run concurrently.

(3.) The prosecution case, as alleged, against the appellant is to the effect that on the basis of secret information the appellant was apprehended on 10th February, 2012 at NSCBI Airport departure area while he was about to leave for Hongkong via Dhaka availing flight no BG-092. He was intercepted while he was proceeding towards the immigration counter after obtaining his boarding pass. As the movement of the appellant was suspicious he was detained by the Air Intelligence Unit (in short A.I.U) officials and was taken to A.I.U room for interrogation. He voluntarily cancelled his journey. On interrogation, the appellant denied he was carrying any contraband. As the A.I.U officials were suspicious due to the movements and/or behaviour of the appellant they did not rely on his version and made prayer before the learned Chief Judicial Magistrate, Barasat to permit them to conduct X-ray of his abdomen. After obtaining permission, he was taken to X-ray centre for conducting X-ray of his abdomen. On receiving X-ray plate and report of the Radiologist, A.I.U officials found a suspicious white shadow in the abdomen of the appellant. The appellant was kept detained under surveillance at the A.I.U office. On 11.02.2012 in the morning when he expressed desire to go to the toilet he was taken to the toilet at the arrival area of the airport. From his stool allegedly 49 pieces of bullet shaped capsules were recovered. On examination of the said capsules some brown colour sticky substance was found. The substance was wrapped in insoluble plastic. Contents of the capsules were tested with the detection kit and the material tested positive for Hashish. On 12.02.2012 the appellant was again taken to X-ray centre and X-ray was done of his abdomen but nothing was found. Total weight of the capsules including the contraband was 400 gms. The said contraband articles were seized and samples were drawn from the bulk. After serving of notice under Section 67 of the NDPS Act, the statement of the appellant was recorded and on the basis of his statement he was arrested on 102.2012. Subsequently, complaint was filed against the appellant under sections 21(b) & 23(b) of the NDPS Act. Charges were framed under the aforesaid sections against the appellant. He pleaded not guilty and claimed to be tried.