SHAKUNTALA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal preferred by the solitary appellant (in custody) against judgment of conviction for the offence under sections 20 (B) (ii) (C) of the N.D.P.S. Act and sentenced to undergo R.I. for ten years and pay a fine of Rs. 1,00,000/- failing which further undergo R.I. for one year, as awarded by 1st Additional Sessions Judge, West Champaran at Bettiah on 25th April, 2013 in Trial No. 19 of 2005 arising out of Unit Case No. 07/ Custom/ Bettiah/ 05-06.

(2.) At the out set it is relevant to mention that this case has chequered history. Initially the appellant and co-accused Pradeep Singh @ Tilakraj were tried for the offence under section 23 of the N.D.P.S. Act by the Court of 2nd Additional Sessions Judge, Fast Track Court, West Champaran at Bettiah and both the accused were convicted and sentenced, but in appeal preferred by them order of remand was passed only on the ground that the then trial court had no jurisdiction to try such case. Consequently, matter was transferred to the court of regular Additional Sessions Judge where initially charge under section 22 of the N.D.P.S. Act was framed and at the time of argument fresh charge was framed under section 20 (B) (ii) (C) of the N.D.P.S. Act on 6th February, 2013. At this stage as is evident from the order sheet of the court below, on behalf of the accused persons further cross-examination of the witnesses already examined was declined and to be doubly sure of such declination learned counsel for the appellant further submitted supplementary affidavit in this appeal indicating that there is no need to cross examine the witnesses already examined.

(3.) The prosecution case, as revealed from Ext. 2, the official complaint filed by one Kameshwar Prasad Inspector of Custom (P), Circle- Bettiah, P.W.1 is that on some confidential information received by the Superintendent of Custom Sri Krishna Prasad, P.W.2 at about ten hours on 26th April, 2005 that two persons, one lady and another gents are traveling by 4047 Up Satyagrah Express running between Raxaul to Delhi in Bogi No. 14855 with some contraband goods and the lady wearing a red/ greenish saree and Red blouse, whereas, gents wearing a black jeans paint and check shirt and Charas is being carried by the lady. On such information a preventive team was organized and on the instruction of P.W.2 all rushed at the railway station where a request was made to the railway authorities for extension of stoppage of train. However, only ten minutes was provided during which on arrival of train the raiding team entered into the Bogi and on the basis of information located their target and requested them to declare if anything is concealed but it was refused and with the help of co-lady passenger female accused was searched and it was detected that something is tied with her waist. Taking into consideration shortage of time and situation the raiding party caught both the accused persons and came at the custom office where in a room again lady was requested to hand over the articles concealed by her. She went in the toilet and handed over contraband articles and on weighing it was found to be 4 kg. Thereafter sample was sealed before the witnesses after taking the signature of witnesses and accused persons and they further declared their names and addresses and according to male accused he was deputed by one Manoj Kumar, owner of contraband articles just to hand over the same to the female accused. Sample etc. were prepared and sent for chemical examination. Meanwhile, both the accused persons were produced before the competent court and sent them to custody.