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TMI Blog2015 (8) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... . C.S.K. Singh, IO met Sh. Tulsi Ram, Inspector CISF and Tulsi Ram then led the team to the X-BIS system where suspected passengers were sitting. On the request of IO, Sh. Sandeep Prabhakar, CISF staff official and Sh. Sandeep Kumar, Porter, agreed to witness the proceedings that were to be conducted by the NCB team. On inquiry the suspects revealed their names as Ms. Nthabiseng Josephina Bulayi and Ms. Grace Bongiwe Mkhaliphe. (c) Both the aforementioned ladies were then served with notices under Section 50 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "Act") and were made to understand that they have a legal right to be searched before a Magistrate or a Gazetted Officer but both the accused persons refused to exercise the said right and informed that any NCB officer/lady officer could conduct their search. Thereafter, IO C.S.K. Singh conducted the search of one black colour 'blue star' marked bag and one white colour ladies hand bag of the accused Nthabiseng Josephina Bulayi but nothing incriminating was found. (d) Investigation Officer conducted the search of luggage of the accused Nthabiseng Josephina Bulayi consisting of one pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k coloured small bag marked "Sports" but nothing incriminating was recovered from them. Thereafter, IO conducted the search of remaining luggages i.e. two black coloured bags marked "Diesel". Both bags were found containing 21 sarees each wrapped on corrugated cylindrical sheets. On opening the said corrugated sheets, it was found that each corrugated sheet was containing a concealment wrapped in khaki plastic tape. On opening all the 21 concealments, each of them was found containing white coloured crystalline substance, which on being tested with the help of Field Testing Kit gave positive result for pseudoephedrine. All the substance recovered from the one black coloured bag was collected separately and mixed properly and on weighing its weight came out to be 10.450 kg. Two samples of 25 grams each were drawn out from the recovered substance and were put in separate zip lock pouches and were then placed inside separate paper envelopes. The samples were marked as D1 and D2 and the remaining substance was kept in a plastic sack and marked as D. The packing material was kept inside the same black colour mark "Diesel" bag and was marked as D3. Thereafter all the substance from the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per the said report the samples drawn out from the substance recovered from the accused have tested positive for pseudoephedrine hydrochloride. The defence counsel had stated that he is not disputing the said CRCL report. The statement of the accused persons under Section 313 Cr.P.C was recorded. 4. No doubt, the accused knew that they were transporting some substance outside India illegally for consideration shows their state of mind and therefore it can be inferred that they had an intention of exporting some substance outside India illegally. The report of the expert is not challenged. Thus the trial court has rightly observed in the impugned judgment that the accused persons have been unable to rebut the presumption raised against them by virtue of Section 54 of the Act. 5. The trial court after considering the evidence and material placed on record, came to the conclusion that the prosecution has been able to prove beyond reasonable doubt that both the accused persons had made an attempt to export outside India, pseudoephedrine hydrochloride, a controlled substance, in contravention of the orders issued by the Central Govt. under Section 9A of the Act. Thus both the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no provision for awarding any minimum sentence for the charges even then the sentence should not be so inadequate. The relevant paras are reproduced below : "9. Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law and society could not long endure under such serious threats. It is, therefore, the duty of every court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed etc. This position was illuminatingly stated by this court in Sevaka Perumal etc. vs. State of Tamil Nadu, AIR 1991 SC 1463 : 1991 (2) RCR (Cr.) 427 (SC)). 13. The object should be to protect the society and to deter the criminal in achieving the avowed object to law by imposing appropriate sentence. It is expected that the Courts would operate the sentencing system so as to impose such sentence which reflects the conscience of the society and the sentencing process has to be stern where it should be. 14. Any liberal attitude by imposing meagre sentences or taking too sympathetic view merely on account of lapse of time or personal inconveniences in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s given to her though she knew that the bags contained a powder. She did not know her co- accused Grace as she had met her only at the airport. (b) Accused Grace in her statement tendered under Section 313 Cr.P.C had stated before this court that she is a native of South Africa and was a vegetable vendor and selling tomatoes, cabbage etc. by putting temporary stalls before her apprehension in this case. She has 3 children and her husband used to sell vegetables along with her and that they were unable to earn sufficient money to raise their children. She has submitted that her elder brother had expired and his wife Ms. Mabis told her that if she wishes to make quick money she can help her and she will arrange for air tickets, visa for her in India and all that she will have to do is to transport some chemical from India to South Africa and also promised her that she would be paid 20,000 Rynds for the aforementioned job and in fact she agreed to the proposal of her sister in law. This accused had stated that her sister in law also told her that that she will be given the said chemical by some person in India and gave her the mobile number of the said person. She had informed the tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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