Case Note & Summary
The appeal challenged the conviction and sentence of the appellant by the Special Judge (NDPS), Brihan Mumbai in NDPS Special Case No.59 of 1998. The appellant was tried along with another accused for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution case arose from information received from Mauritius authorities that heroin had been seized from a consignment exported from India. The consignment was found to contain heroin concealed in ladies purses within a container shipped to Mauritius. Investigation by the Narcotic Control Bureau (NCB) in Mumbai led to the recording of statements of the appellant under Section 67 of the NDPS Act. In those statements, the appellant admitted to exporting goods to Mauritius, identifying the ladies purses from photographs as part of his consignment, and confessing to his involvement in concealing heroin in those purses at the behest of one Jamil Khan. The appellant also provided details of the export procedure, his contacts in Mauritius, and his travel history. Based on the evidence, including the statements and materials received from Mauritius, the trial court convicted the appellant under Section 23 read with Section 21 of the NDPS Act and sentenced him to rigorous imprisonment for ten years and a fine of one lakh rupees. The co-accused was acquitted. The present appeal was filed against this conviction and sentence. The court was tasked with determining whether the trial court's finding of guilt could be sustained. (The judgment excerpt did not include the court's analysis or final decision.)
Issue of Consideration
Whether the conclusion reached by the trial Court in recording finding of guilt against the appellant alone can be sustained on facts and in law.
Case Details
2006 LawText (BOM) (01) 29
Criminal Appeal No.783 of 2000
Mr. S.B. Keshwani, instructed by Mr. Pradeep Hingorani, for Appellant; Mr. Prakash Thakur, Public Prosecutor for Union of India-Respondent No.1; Mr. Y.S. Shinde, APP for State-Respondent No.2.
Nasir Dawood Ibrahim Shaikh @ Sahil Ibrahim Shaikh
1. Narcotic Control Bureau, Ballard Estate, Mumbai. 2. The State of Maharashtra.
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Nature of Litigation
Criminal appeal against conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Remedy Sought
Appellant seeking to set aside the judgment and order of conviction and sentence passed by the Special Judge (NDPS).
Filing Reason
Conviction for exporting heroin to Mauritius concealed in ladies purses, in violation of the NDPS Act.
Previous Decisions
Special Judge (NDPS), Brihan Mumbai convicted the appellant in NDPS Special Case No.59 of 1998 on October 11, 2000, for offence under Section 23 read with Section 21 of the NDPS Act, sentencing him to 10 years rigorous imprisonment and a fine of Rs.1 lakh, with default simple imprisonment of 4 months. Co-accused was acquitted.
Issues
Whether the conviction of the appellant under Section 23 read with Section 21 of the NDPS Act can be sustained on facts and in law.
Judgment Excerpts
the trial Court proceeded to record finding of guilt only against the appellant/accused No.1 for offence punishable under section 23 r/w 21 of NDPS Act
the appellant after understanding the provisions of section 67 of NDPS Act voluntarily gave statement in question-answer format
the appellant accepted that the said purses were the same which were exported by him to Mauritius
the appellant also acknowledged that the brown powder seen in the photograph is heroine
Procedural History
In the first week of June 1997, the Narcotic Control Bureau (NCB), Mumbai, received a letter from Mauritius authorities about the seizure of heroin from a consignment exported from India. On 15 November 1997, the appellant appeared before the NCB and gave a voluntary statement under Section 67 of the NDPS Act. Another statement was recorded on 16 November 1997, after which the appellant was arrested. NDPS Special Case No.59 of 1998 was filed. The trial concluded on 11 October 2000 with the conviction of the appellant. The appellant filed Criminal Appeal No.783 of 2000 before the Bombay High Court. The appeal was heard on 9 October 2006.
Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985: 8(c), 21, 23, 29, 67
