2009 (8) TMI 1137 - HC - Customs

Summary

Issues involved: Conviction under Section 15 of the NDPS Act, conscious possession of contraband, delay in sending contraband sample for analysis.

Conviction under Section 15 of the NDPS Act:
The accused-appellants were convicted under Section 15 of the NDPS Act and sentenced to rigorous imprisonment for 10 years and 6 months, along with a fine of Rs. 1 lac each. The prosecution's case revolved around the recovery of 280 kgs. of poppy straw from a Maruti car in which the accused were traveling. The accused denied the allegations, claiming innocence during their statements under Section 313 Cr.P.C.

Conscious possession of contraband:
The defense argued that the prosecution failed to prove the conscious possession of the contraband by the accused. However, the court noted that both accused were traveling in a car containing 7 bags of poppy straw, indicating their awareness of the contents. The accused were found to have power and control over the car and its contents, leading to the inference of conscious possession.

Delay in sending contraband sample for analysis:
The defense raised an issue regarding an 18-day delay in sending the contraband sample for analysis, casting doubt on the case. However, the court rejected this argument, citing the intact seals on the sample and no evidence of tampering. The prosecution successfully proved the possession of poppy straw by the accused, leading to their conviction under Section 15 of the NDPS Act.

Judgment:
The High Court upheld the conviction of the appellants under Section 15 of the NDPS Act but reduced their sentence to rigorous imprisonment for 10 years. The fine of Rs. 1 lac each imposed by the trial court was maintained, along with the default clause. If the appellants were on bail, their bail bonds were canceled, and they were ordered to be taken into custody immediately to serve the remaining portion of their sentence. The appeals were disposed of accordingly.