9911796707
TMI Blog1999 (12) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... l, was intercepted at the Indira Gandhi International Airport, New Delhi by the Inspector Customs S.S. Jasan (PW-1) while she was leaving for Matrid by Flight No. BA-1142. The search of her personal lug- gage (Ex. P-11) resulted in recovery of 10.976 kgs. of heroin. After completing the procedural formalities, representative samples of the contra- band were sent for Chemical analysis, which on analysis were found to be diacetyl morphine (heroin) commonly known as brown sugar. 3. The prosecution mainly relied on the evidence of Inspector Customs S.S. Jasan (PW-1), A.M. Sidharthan (PW-8) and the Interpretation Ravi Kumar (PW-2) besides the confessional statement (Ex. P-2/A) of the appellant. The learned Additional Sessions Judge, on apprec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parture hall of IGI Airport, New Delhi and her luggage in black zipper bag (Ex. P-11) was taken in possession on suspicion. The appellant identified her zipper bag (Ex. P-11) which was found booked. Baggage tag (Ex. P-1) fixed on it tallied with the claim tag affixed on her air ticket. The appellant was given the option of being searched in the presence of a Gazetted Officer or a Magistrate but she declined the said offer. Thereafter the appellant opened the bag (Ex. P-11) and on search seven poly bags containing 10.976 kgs. of heroin were recovered from it in the presence of the Panch Witnesses, namely, Sukhdev Singh and Ms. Richho vide seizure memo Ex. PW-1/A. The Customs Superintendent A.M. Sidharthan (PW-8) deposed that the contraband w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rding to the learned Additional Sessions Judge, the paper slips Ex. PW-15/1-7 and Ex. PW-20/1-7 had been appended on the sealed samples marked 18 to 78 deposited with the CRCL by Shri C.L. Meena (PW-5) along with the test memo Ex. PW-1/C vide receipt (Ex. PW-5/A) and these paper slips were duly signed by the appellant, the Punch witnesses and the Inspector Customs S.S. Jasan (PW-1) and that being so, the aforesaid circumstances clearly exclude the possibility of any tampering with the samples. In my opinion, on a consideration of the evidence of S.S. Jasan (PW-1) and Mr. A.M. Sidharthan (PW- 1), I am not inclined to take a different view. The reason being that the aforesaid paper slips appended on samples were found intact and the sample ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted in her statement (Ex. PW-2/A) that the aforesaid contraband was seized from her possession. In this context, I may usefully excerpt the following observations of their Lordships of the Supreme Court in Kalema Tumba Vs. State of Maharashtra and Another :- 5. It was next contended that the report which was given by the Chemical Analyser was a cryptic report and, therefore, no reliance could have been placed upon it. It was submitted that as it contained no details of the test, it had no evidentiary value. As rightly pointed out by the High Court the appellant had himself admitted in his statement under Section 108 of the Customs Act that it was heroin. Moreover, in this case we have evidence of the officers of the Narcotic Contr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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