LINUS AMEKA NWEKA Vs. INSPECTOR OF CUSTOMS

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 16.01.2007, passed by the Judge, Special Court, Amritsar, whereby he was convicted and sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs. 2 lacs and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 21 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. He was further sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs. 2 lacs and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 23 of NDPS Act, 1985. Both the sentences were ordered to run concurrently. The brief facts of the prosecution case are that on 11.06.2003 Inspector Vijay Singh, who was posted as Inspector Central Excise (ICS) Attari road, received information in writing Ex. PA from Narcotic Control Bureau, Chandigarh which bears signatures of K.P. Singh, Intelligence Officer, that one person of Nigerian origin and one person of Kenyan origin were bringing drugs into India by concealing the same in their bags and in their bodies and were entering from Pakistan to India. The information was received at 10.10 A.M. The information was reduced into writing and sent to the senior officer of the Customs Department. On 11.06.2003, accused-appellant Linus Ameka Nweka came from Pakistan to India at land Customs Station Attari road. As the Investigating Officer Vijay Singh was officiating the incoming passenger clearing duty, accused-appellant was asked to declare whether he was carrying any contraband, narcotic, fake currency, explosives and other prohibited items etc. but he replied in negative. As there was specific information, he was again asked to declare whether he was carrying any narcotic drugs and then accused became nervous. Thereafter, two independent witnesses were called namely Surinder Singh and Tarlok Singh. Satnam Singh Superintendent disclosed his identity to the accused that he is a Gazetted Officer of Customs.

(2.) On presentation of challan, copies of challan and other documents were supplied to the accused-appellant under Section 207 Cr.P.C. Finding prima facie case, accused-appellant was charge sheeted under Sections 21 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to which he pleaded not guilty and claimed trial.

(3.) In support of its case, the prosecution examined PW-1 Inspector Vijay Singh, who mainly deposed regarding conducting of investigation of this case. PW-2 Inspector Customs Deepak Gupta mainly deposed regarding conducting of investigation of this case from the night of 13.06.2003 and further deposed as per prosecution version. PW-3 Sarabjit Singh, Inspector Malkhana, mainly deposed regarding depositing of case property and representative samples on 13.06.2003 by Inspector Vijay Singh. He further deposed that on 16.06.2003, representative samples were withdrawn by Inspector Vijay Singh from Malkhana for sending the same to CRCL, New Delhi. PW-4 T.R. Kaushal, Supdt. Malkhana also deposed regarding depositing of case property and representative samples in the Malkhana. PW-5 Satnam Singh, Superintendent Customs, mainly deposed as per prosecution version.