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2018 Supreme(Del) 1936

C.HARI SHANKAR
Charlse Howell @ Abel Kom – Appellant
Versus
N C B – Respondent


Advocates Appeared:
For the Appellant : Ms. Svetlana Khiyungdzuzu, Adv.
For the Respondent: Mr. Subhash Bansal, Standing Counsel with Mr. Shashwat Bansal, Adv.

JUDGMENT :

C. HARI SHANKAR, J.

1. The appellant Charles Howell @ Abel Kom has been convicted, vide the impugned judgment, dated 8th October, 2015, passed by the learned Special Judge, NDPS under Sections 21(c) and 23(c), read with Section 28 of the Narcotics, Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”), and sentenced, vide consequent order dated 13th October, 2015, to 10 years’ rigorous imprisonment along with a fine of Rs.1 lakh, for each of the offences under Sections 21(c) and 23(c) of the Act, with 2 months’ simple imprisonment default sentence in each case, the sentences being directed to run concurrently. The benefit of Section 428 of the Code of Criminal Procedure, 1973 has been extended to the appellant.

2. Case of the Prosecution

2.1 On 5th April, 2011, secret information was received, by Sh. Surender Singh, Intelligence Officer (IO), Narcotics Control Bureau (NCB), to the effect that a parcel, bearing Airway Bill No.3261394953, containing narcotics, was lying at the office of M/s Aramex Courier (hereinafter referred to as “Aramex”). On the directions of the Superintendent, NCB, Sh. Surender Singh constituted a raiding team, which proceed

































































































































































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