Case Note & Summary
The High Court of Bombay heard Criminal Appeal No.783 of 2000 against the judgment of the Special Judge, NDPS, Mumbai, dated October 11, 2000, in NDPS Special Case No.59 of 1998. The appellant, Nasir Dawood Ibrahim Shaikh, was convicted under Sections 23 read with 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to rigorous imprisonment for ten years and a fine of one lakh rupees. The prosecution case arose from information received from Mauritius authorities about a seizure of heroin concealed in ladies' purses exported from India. The consignment was sent in the name of Mahmade Yousouff Soopun, and upon interrogation, Soopun disclosed that it was sent by the appellant. The Narcotics Control Bureau, Mumbai, acting on this information, summoned the appellant and recorded his statements under Section 67 of the NDPS Act. In his statements, the appellant admitted to exporting goods to Soopun, identified the seized purses as those he had exported, and confessed that the heroin concealed in the purses belonged to his friend Jamil Khan, who had promised him Rs. five lakhs. He also implicated another person, Iliyas (accused No.2), in the concealment of the contraband. The appellant provided details of his export business, previous transactions, and his financial difficulties. The trial court convicted the appellant based primarily on these confessional statements and the corroborative evidence from Mauritius, acquitting the co-accused. The appellant challenged the conviction before the High Court. The excerpt from the judgment does not include the court's legal analysis or final decision.
Issue of Consideration
Whether the trial court's finding of guilt against the appellant under Sections 23 read with 21 of NDPS Act is sustainable on facts and in law
Case Details
2006 LawText (BOM) (10) 42
Criminal Appeal No.783 of 2000
S.B. Keshwani for Appellant, Prakash Thakur for Union of India-Respondent No.1, Y.S. Shinde for State-Respondent No.2
Nasir Dawood Ibrahim Shaikh @ Sahil Ibrahim Shaikh
Narcotic Control Bureau, Ballard Estate, Mumbai and The State of Maharashtra
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Nature of Litigation
Criminal appeal against conviction under NDPS Act
Remedy Sought
Appellant seeks setting aside of conviction and sentence
Filing Reason
The trial court convicted the appellant under sections 23 r/w 21 NDPS Act on 11 October 2000, which the appellant challenges
Previous Decisions
The Special Judge (NDPS), Brihan Mumbai, in NDPS Special Case No.59 of 1998 on October 11, 2000 convicted the appellant under sections 23 r/w 21 of NDPS Act and sentenced him to rigorous imprisonment of 10 years and a fine of Rs.1 lakh; acquitted accused No.2 Ilyas Mohamed Ismail Shaikh
Issues
Whether the finding of guilt against the appellant under Sections 23 read with 21 of NDPS Act is sustainable 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 was apprised that he had right to be silent and further, if he made any statement the same may be used against him as well as against any person.
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 Zonal Director, Narcotic Control Bureau, Mumbai received a letter from Mauritius authorities about the seizure of heroin on 9 April 1997 from a consignment exported from India. On 15 November 1997, summons under section 67 of NDPS Act were served on the appellant; he appeared at the NCB office and gave a statement (Exh.24). On 16 November 1997, the appellant gave a further statement (Exh.27) and was arrested at 17:00 hours. On 19 November 1997, another statement was recorded in police custody (Exh.35). On 11 October 2000, the Special Judge (NDPS) convicted the appellant under sections 23 read with 21 of NDPS Act and acquitted accused No.2. Criminal Appeal No.783 of 2000 was filed challenging the conviction and was heard on 9 October 2006.
Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985: 29, 21, 23, 8(c), 67
