1986 (10) TMI 47 - HC - Customs

Summary

Issues:
1. Conviction and sentencing under the Customs Act and Dangerous Drugs Act.
2. Influence of the Narcotic Drugs Act on sentencing.
3. Consideration of the defendant being a foreign national.
4. Reduction of sentence based on time served.

Analysis:

1. The defendant, a Nigerian national, was caught at Sahar International Airport with heroin in his suitcase. He admitted to carrying the heroin for a friend to Nigeria. He pleaded guilty to charges under the Customs Act and Dangerous Drugs Act, leading to his conviction by the Additional Chief Metropolitan Magistrate and subsequent sentencing to two years of rigorous imprisonment and a fine, which was later upheld by the Additional Sessions Judge.

2. The defendant's counsel argued that the sentencing was harsh, especially considering that the offense occurred before the enactment of the Narcotic Drugs Act in 1985, which imposed stricter penalties for similar offenses. The counsel contended that the magistrate was unduly influenced by the provisions of the new Act while sentencing the defendant under the older Dangerous Drugs Act.

3. The defendant's status as a foreign national and the fact that he was transporting the drugs out of India were considered as mitigating factors by the court. The defendant expressed a desire to return to his home country upon release, prompting the court to reassess the appropriateness of the original sentence in light of these circumstances.

4. Taking into account the time the defendant had already spent in jail, which was one year, eight months, and twenty-two days, the court decided to reduce his sentence to the time already served. The original two-year sentence and fine were set aside, and the defendant was ordered to be released based on the time he had already spent incarcerated. The court found that the period served was a sufficient punishment for the defendant's admitted guilt, leading to the quashing of the previous sentence and the defendant's release.