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ABHAY M.THIPSAY
Naomi Banda – Appellant
Versus
Union of India – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Ayaz Khan, Advocate
For the Respondent No.1:Mr.N.Natrajan, Advocate
For the Respondents/State: Mr. Deepak Thakre, APP

JUDGMENT

Abhay M. Thipsay, J.—On the basis of a complaint filed by Shri V.K. Menon, Intelligence Officer attached to Air Intelligence Unit, Customs, the appellant was prosecuted on the allegation of having committed offences punishable under Section 21(c) of the NDPS Act read with section 8(c) thereof, and section 23(c) of the NDPS Act read with sections 8(c), 21(c) and 28 thereof.

2. The Special Judge, who held the trial, convicted her of the aforesaid offences, and sentenced her to suffer Rigorous Imprisonment for 10(ten) years, and to pay a fine of Rs.1,00,000/on each of the said two counts. Being aggrieved thereby, the appellant – a Zambian National – has approached this Court by filing the present Appeal.

The prosecution case, as put forth in the complaint, may, in brief, be stated thus :

That, during the night intervening 24th and 25th February 2007, the complainant V.K. Menon, and other Officers of the Air Intelligence Unit (AIU) of Customs attached to its “A” Batch, were on duty in the Departure Hall of Module 2C of Chhatrapati Shivaji International (CSI) Airport, Mumbai. When the check-ingin of the passengers departing by SouthAfrican Flight No.SA251/ 25.02.07 was in progr

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