The prosecution must prove beyond reasonable doubt that an accused had knowledge of contraband for a conviction under the Narcotic Drugs Act.

JUDGMENT :

K.SURENDER, J.

1. A1 was convicted for the offences under Section 23(c) r/w 28 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’) and A2 was convicted for the offences under Section 23(c) r/w 29(1) of the Act, vide judgment in S.C.No.21 of 2012 dated 26.09.2019 passed by the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B.Nagar.

2. Criminal Appeal No.1053 of 2019 is filed by A2 and Criminal Appeal No.1094 of 2019 is filed by A1.

3. Both the appeals are heard together and disposed off by way of this Common Judgment.

4. Briefly, the case of the prosecution is that on 10.03.2012 at 8.00 p.m, P.W.1/A.Lakshmikanthan, Air Customs Superintendent, RGI Airport, Shamshabad received phone call on the landline of Air Customs of RGI Airport from anonymous person stating that two passengers, one of which is male person from Ramnad District of Tamilnadu and female passenger from Chittoor of AP were about to board Thai Aircraft TG 330 to Bangkok, and that they were carrying narcotic drugs in the false bottom of their baggage and requested to take proper action. The said information was reduced into writing by P.W.1 and P.W.1 submitted the same to his immediate superiors, i.e., P.W.9 (Vinayak Bhat) Assistant Commissioner of Customs and also P.W.7 (G.Venkateswarlu), Superintendent, Customs (Preventive and Disposal), Hyderabad-II. P.W.1 secured the presence of independent witnesses P.W.8 (Abdul Muzeeb) and L.W.2(P.Pavani) and intercepted the two passengers, namely, Pattani (A1) and Srinivasula Varalaxmi (A2) who were bound for Bangkok by Flight No.TG 330 on 10.03.2012 from RGI Airport, Shamshabad. At the time of interception, A1 and A2 were proceeding to security check area after completing the check in, immigration and customs formalities for boarding Thai Airlines flight. A1 was holding Passport F 5066409 and A2 was holding passport F 5860103 and they figured at Serial Nos.113 and 138 of Passenger Manifest of Flight No.TG 330. The tickets were issued in their name by Akbar Travels of India Ltd., from Hyderabad to Bangkok and from Bangkok to Hat Yai and their return journey from Hat Yai to Bangkok on 19.03.2012 and from there to Hyderabad.

5. The officers P.W.1 and others, in the presence of P.W.8 and L.W.2, enquired A1 and A2 about their baggage details. A1 and A2 informed that they are in possession of one hand bag each and one checked in baggage. When A1 and A2 were questioned as to whether they were carrying any contraband, both replied in the negative but appeared to be extremely nervous and were sweating. As their answers were not satisfactory, the officers retrieved their checked in baggage from Thai Airlines and compared the same with checked in baggage tag details and found it to be tallying.

6. Thereafter, the officers, after completing the offloading formalities at the immigration, in the presence of P.W.8 and L.W.2, lead A1 and A2 along with their hand bags and checked in Baggage, to the Air Intelligence Unit Room located in the International Passenger Arrival Hall of RGI Airport. There P.Ws.1 and 3 introduced themselves as Gazetted Officers and P.W.3 informed in Tamil to A1 and A2 that their baggage would be examined and search of their person would be conducted under the provision of Section 50 of the Act. As per the said provision, the accused has a right to be searched, either before a Magistrate, or a Gazetted Officer. A1 and A2 agreed for personal search by P.Ws.1 and 3. Thereafter, in the presence of P.W.8 and L.W.2, A1 and A2 opened and examined the hand bag of A1 which was in an unlocked condition. The bag was black in colour bearing the