CRL.M.(BAIL) 1324/2022 IN CRL.A. 338/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on :

08^th May, 2023

Pronounced on: 30^th May, 2023

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CRL.M.(BAIL) 1324/2022 IN CRL.A. 338/2021

MS. BETTY RAME

..... Appellant

Through:

Mr. Shiv Chopra, Ms. Aadhyaa Khanna, Mr.

Siddharth Arora and Mr. Nikhil Srivastava,

Advs.

versus

NARCOTICS CONTROL BUREAU

..... Respondent

Through:

Mr. Utkarsh Singh Bains, SPP with

Mr. Sunil Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

CRL.M.(BAIL) 1324/2022 IN CRL.A. 338/2021

1.

This application has been filed seeking regular suspension of sentence

in Crl. A. 338/2021 filed by the appellant assailing the judgment of

conviction dated 25^th August 2021 and order on sentence dated 28^th August

2021 passed by the Ld. ASJ, Patiala House Courts in FIR No.

VIII/09/DZU/2018 P.S. NCB. The appellant has been convicted and

sentenced to RI for 10 years with a fine of Rs.1 lakh for the offence

punishable under sections 22 (c) and 23 (c) NDPS Act. The appellant is a

38 years old lady who is a citizen of Zimbabwe and has already undergone 4

years, 11 months and 18 days in custody as per Nominal Roll dated 20^th

March, 2023.

Digitally Signed

By:MANISH KUMAR

Signing Date:30.05.2023

18:34:55

Signature Not Verified

CRL.M.(BAIL) 1324/2022 IN CRL.A. 338/2021

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2.

Briefly, the prosecution case is that pursuant to secret information

received on 2nd April, 2018 at about 7:30pm, one NCB team was

constituted which apprehended one Zimbabwean lady on 2nd April, 2018 at

about 8:30 pm at Terminal 1D, IGI Airport, New Delhi, who was going to

board 9:40 pm IndiGo Flight No. 6E-505 inbound to Goa and on search of

her baggage, two polyethene were recovered in each cavities containing

crystalline substance. The colour, texture and property of material from both

concealments were the same and each concealment was tested separately

which gave positive results for Methamphetamine. After the testing, the

contraband was mixed and transferred into a transparent polythene and the

total weight was 3kg. Two samples of 5gm each were taken from the mixed

substance, thereafter, the appellant’s statement under section 67 NDPS Act

was recorded. CRCL report dated 18th April, 2018 confirmed the crystalline

substance to be Methamphetamine. A total of 12 witnesses were examined.

3.

Learned counsel for the appellant has relied upon the following

decisions of the Hon’ble Supreme Court and various other Courts where

similarly placed convicts have been released on regular suspension of

sentence despite having been accused of possessing a commercial quantity

of the contraband, and they are follows:

i)Mossa Koya KP v. State (NCT of Delhi), 2021 SCC OnLine 3110;

ii)Daler Singh v. State of Punjab, 2006 SCC OnLine P&H 1591l;

iii) Joseph Onyekachukwu Nawabo v. Directorate of Revenue

Intelligence, CRL.A. 1175/2019 decided on 31^st January, 2023 by this

Court;

Digitally Signed

By:MANISH KUMAR

Signing Date:30.05.2023

18:34:55

Signature Not Verified

CRL.M.(BAIL) 1324/2022 IN CRL.A. 338/2021

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iv) Chima Akuma v. State, CRL.A. 1365/2019 decided on 31^st January,

2023 by this Court;

4.

Furthermore, the Hon’ble Supreme Court in Sonadhar v. The State of

Chhattisgarh, SLP (Crl.) 529/2021 vide order dated 6^th October, 2021 has

laid down certain guidelines for the release of convicts who have already

undergone about half of their sentence while their appeals are still pending

adjudication.

5.

In Mossa Koya KP v. State (NCT of Delhi) (supra) the Hon’ble

Supreme Court granted suspension of sentence to an appellant who was

sentenced to 10 years RI who was found in joint possession of 1kg heroin

and had spent about 8 years in custody; in Chima Akuma v. State (supra)

this Court had released an appellant on suspension of sentence who was in

possession of commercial quantity of contraband and had undergone more

than half of their