The appellants were found guilty under the NDPS Act for possession of heroin concealed in their checked-in baggage. The court upheld the conviction and reduced the substantive sentence and fine imposed on the appellants.

V.K. Jain, J. (Oral)

The case of the complainant/respondent in nutshell is as follows:-

1. The appellants before this Court arrived from Kabul by flight No.KB-44 at about 4.50 PM on 13.09.2005. When they were in the transit area to catch flight No.ET 0629 at about 6.30 PM on that date, the Complainant Surinder Pal Singh, Inspector (Customs) intercepted them on suspicion that they might be carrying contraband in their checked in luggage. Two witnesses were called to witness the proceedings of examination. The document obtained from Indian Airline staff indicated the check-in baggage booked by the appellants. The aforesaid document was signed by the witnesses who were called there. The checked-in baggage of the appellants were then brought. It was found that the baggage bearing tag No. 0485452 was booked by the appellant Obi Basi Chuks. Baggage bearing tag No. 486618 had been booked by the appellant Akabuogu Godwin Ojimba, whereas the baggage against tag No. 486619 had been booked by the appellant Edward Chukwudile. The appellants identified their respective baggage. The appellants on being asked to produce their respective tickets for travelling from Kabul to Delhi, appellant Obi Basi Chuks and appellant Edward Chukwudile produced their respective boarding tickets. Akabuogu Godwin Ojimba, however, was unable to produce any ticket or boarding pass. On being asked as to whether they were carrying any contraband goods and/or narcotic or psychotropic substance, either in their baggage or in person, the appellants replied in the negative. The complainant then served notice under Section 50 of NDPS Act on the appellants who, however, had no objection to them as well as their package being examined by any custom officer.

2. Obi Basil Chuks identified his baggage bearing tag No. As 485452 and opened the said baggage from the key which he took out from his pocket. After removing all the articles in the bag, it was examined carefully. A number of sandals/shoes had been taken out by Obi Basi Chuks form his bag. On examining coffee colour sandals having trade name “Ancona”, its bottom was found to be explicitly heavy. On cutting upon the sandal from the bottom, it was found that its cavity had concealed a dummy sole of silver colour. The concealment, which was in the form of a sole, and had been covered with silver foil colour was taken out from the sandal. On cutting the silver foil, off white colour powder was recovered from the dummy sole. The said powder was collected in a polythene bag. Another pair of sandal was then cut from the bottom and was found to have cavity concealed with dummy sole of silver colour. On being taken out from the sandal, the aforesaid concealment was found to contain white colour powder kept in dummy sole. That powder was also collected in polythene bag. Several other sandals found in the bag were then examined and found to contain inexplicably heavy bottom. On being cut from the bottom, a cavity was found which had concealed bottom soles of silver colour. The concealment in those sandals, again, in the form of sole, had been covered with silver foil and on cutting silver foil, white powder was recovered from the dummy sole concealment. The off white powder in this manner was discovered in as many as eight pair of sandals. After it had been homogenously mixed, a small quantity of the powder equivalent to the tip of match stick was taken as a sample and on being tested using Field Drug Test Kit, it gave positive indication of heroin. Thereafter, the complainant examined various books which were found in the bag. The hard binding of the books on both the sides were found to have some concealment. On carefully cutting the upper hard binding of the books, white layer of powdery substance was found which got broken into small pieces while removing and collecting in the polythene bag. The lower hard binding of the book was also carefully cut and white layers of powdery substance was recovered, which also got