ISHRAT BEGUM Vs. INSPECTOR OF CUSTOMS

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction 6. 12. 2001, and the order of sentence of the even date, rendered by the Court of Additional Sessions Judge-cum-special Judge, amritsar, vide which it convicted the accused (now appellant), for the offences, punishable under Sections 22 and 23 of the narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'act' only) and sentenced her to undergo RI for a period of 10 years and to pay a fine of Rs. 1,00,000 in default of payment of fine to undergo further rigorous imprisonment, for a period of three years and further sentenced her to undergo RI for a period of 10 years and to pay a fine of Rs. 1,00,000 in default of payment of fine, to undergo further rigorous imprisonment, for a period of three years, under Section 23 of the Act. Both the substantive sentences were ordered to run concurrently.

(2.) THE facts, in brief, are that can 25. 7. 2000, Gulzar Singh Sandhu, Inspector customs, was posted at Land Customs Station Attari Rail. On that day, the accused alighted from Samjhauta Express train which came from Lahore at Attari Railway station. She reported at Counter No. 2 where gulzar Singh Sandhu Inspector Customs and Sh. J. K. Nanda were posted, for her immigration clearance. Shri Gulzar Singh, Inspector Customs, asked the accused to declare as to whether she had any contraband or narcotic with her. She replied in the negative and became nervous. A suspicion arose in the mind of Gulzar Singh, Inspector Customs. He called two independent witnesses namely Kulwant Singh and Jasbir Singh. Mr. J. K. Handa, who disclosed his identity to the accused that he was a Gazetted officer of the customs Department asked her as to whether she wanted to be searched before a nearest Magistrate or a Gazetted officer. The accused reposed confidence in j. K. Handa. Her consent memo Ex. PF was reduced into writing, which was explained to her, in her own language and she thumb marked the same in token of its correctness. On search of the baggage, being carried by the accused, 18 motor vehicle parts were recovered. The motor vehicle parts were got dismantled. Each was found containing small polythene bags. The small polythene bags, aforesaid, were found containing brownish whitish powder substance. The said powder was tested with the drug testing kit and the result was positive for heroin. The heroin was weighed, which came to be 5. 540 Kgs. , valued at Rs. 5. 54 crores, in the international market. The detail of weighment of each bag was given in a separate memo. The heroin so recovered, was in 18 small polythene bags. From each packet, two samples of five grams were taken out. The samples were sealed with the seal bearing impression 152 of Customs division Amritsar. 18 samples were put into one envelope and the remaining 18 samples were put in another envelope. The same were sealed with the seals. The dismantled motor parts were also put in a gunny bag and were sealed with seal No. 152. Test memo Ex. PH was also prepared, which showed the facsimiles of the seals used for sealing the samples and packets. Seal after use was handed over to in-charge Malkhana attari. Passport of the accused Ex. PJ and visa form Ex. PK were also taken into possession. Pahchnama "ex. PL, which was thumb marked by the accused and attested by both the panches besides J. K. Handa superintendent was prepared. Grounds of arrest and seizure Ex. PM were supplied to the accused. Personal search of the accused was also conducted and memo Ex. PN in this regard was prepared, which was signed by her. Special report, Ex. PO was sent to the senior officers. The accused made a voluntary statement Ex. PP on 26. 7. 2000, which was read over and explained to her in her own language and informing her that it could be used against her. She thumb marked the same. Vide application Ex. PQ, she was produced before the Duty Magistrate on 26. 7. 2000, along with the case property. The Judicial Magistrate, concerned, passed the order Ex. PR. On return to Customs Office, Amritsar, the entire case property including the samples was deposited with Suresh Kumar In-charge Malkhana. On 27. 7. 2000, 18 representative samples were sent to the Central Control Revenue laboratory through D. P. Singh, Inspector, vide authority letter Ex. PS. After the receipt of report, Ex. PT, complaint Ex. PU was presented in the Court against the accused.

(3.) ON her appearance, in the Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Sections 22 and 23 of the Act, was framed against the accused, by the Additional Sessions Judge/special Judge, amritsar, to which she pleaded not guilty and claimed judicial trial.