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2003 Supreme(Mad) 868

M.CHOCKALINGAM
Mastan Gouse Mohideen – Appellant
Versus
Government of India – Respondent


Advocates Appeared:For the Petitioner:Mr.R.C.Paul Kanagaraj, Advocate. For the Respondents: Mr.P.N.Prakash, Special Public Prosecutor for Customs.

Judgment :-

The appellant/A-1 herein who stood charged and tried along with another under S.8(c) r/w 21 and 29 of N.D.P.S. Act, was found guilty by the Court below and convicted under S.8(c) r/w 21 of N.D.P.S. Act and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.1.00 lakh and in default to undergo one year R.I. while the second accused was acquitted.

2. The facts which led the lower Court to frame the charges under the provisions of the NDPS Act can shortly be stated as follows:

(a) The complainant is the Assistant Commissioner of Customs. The first accused Mastan Gouse Mohideen was the holder of the Indian Passport and bound for Colombo by Indian Airlines Flight No.IC 573 on 16.10.1997. When he was intercepted by the Intelligence Officer, Air Intelligence Unit, Anna International Airport, Chennai, after clearance through emigration and customs, a suspicion arose whether he might be carrying the prohibited items with him. In the presence of two witnesses his baggages were examined by the Superintendent of Customs. From his bagage 24 plastic containers with labels 'Regaul Liquid Blue" was recovered. On detailed examination, they were found to contain 8007 grams of na














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