LALRUATPUII BAWITLUNG Vs. UNION OF INDIA

JUDGEMENT

(1.) This Criminal Appeal has been preferred from jail by the accused appellant, Smti. Lalruatpuii Bawitlung, resident of Khawmawi Village, Chin State, Myanmar against the Judgment of conviction and order of sentence dated 11th May, 2015 passed by learned Judge, Special Court, ND&PS Act, Aizawl in Criminal Trial No. 744/2014 arising out of S. R. No. 107/2014, Customs NDPS Case No. 01(CL/IMP/ ND&PS/AS-AIZ)14-15, wherein the appellant has been convicted under Section 22(c) of the ND&PS Act and sentenced her to undergo Rigorous Imprisonment for 10 (ten) years with a fine of Rs. 1,00,000/- (Rupees one lakh) only, in default of payment of fine, to undergo simple imprisonment for another 6 (six) months.

(2.) Heard Mr. Zochhuana, learned Amicus Curiae for the accused appellant and Mrs. Dorothy Lalrinchhani, learned Standing Counsel, Customs Department, Aizawl for the respondent.

(3.) It is seen from the records of the case that acting on specific information the officers of Anti-Smuggling Unit, Customs Division, Aizawl along with the Officers of the Directorate of Revenue Intelligence (DRI, in short), Aizawl and Customs Preventive Force (CPF, in short), Champhai and Land Customs Station (LCS, in short), Zokhawthar and two independent witnesses rushed towards Melbuk, and at about 15:00 hours of 23.4.14, the said officers detected and intercepted a motor cycle at Melbuk Cemetery, which coordinated with the information received. The said motorcycle was driven by one person namely, Sri Lalnunpuia Bawitlung, son of Shri Vangura, resident of Khawmawi, Chin State, Myanmar and was accompanied by the accused appellant. On enquiring as to where they were travelling to and for what goods they possessed, they replied that they were going to Champhai for some marketing and not being satisfied, the officers requested them that they wanted to check the motorcycle and their belongings, to which they readily agreed. On thorough examination and searching of the motorcycle in presence of the two independent witnesses and said driver and the rider of the motor cycle, the officers detected one package wrapped in a black polythene bag hidden in the cavity below the seat of the driver of the said motorcycle. On the further examining the said package the Officers detected maroon coloured tablets having peculiar odor believed to be Methamphetamine tablets unsealed in blue coloured polythene sachets wrapped with brown paper and over with black polythene bag. The record tablets along with said two persons and the motorcycle were brought to the Customs Office, CPF, Champhai accompanied by the witnesses for further examinations. At the Customs Office, CPF, Champhai when thorough examination were made by the officers concerned, it led to recovery of 50 (fifty) polythene sachets containing 10,000 (ten thousand) tablets believed to be Methamphetamine which were accordingly seized along with the motorcycle bearing Registration plate having inscription in Myanmarese script, under section 43(b) read with section 42 of the NDPS Act. It is also stated that the quantitative weight of said seized 10,000 tablets, believed to be Methamphetamine, was approximately 1050 grams (Net Weight).