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2022 (8) TMI 116 - MADRAS HIGH COURTSmuggling - contraband / prohibited goods - Ketamine or not - admissibility of statements - Section 50 of the NDPS Act - HELD THAT:- It is seen that in this case, the entire happenings taken place in the Customs Restricted Area. The appellant was travelling to Malaysia, not in dispute. P.W.2 is an Air Intelligence Officer and his job is to keep watch over the passengers movement in the Customs area and in case of any suspicion, question the passenger, verify his credentials for passengers travel. In this case, finding the appellant moving in suspicious manner after getting clearance from the immigration counter, PW1 questioned the appellant. Since the appellant found nervous, not behaving normally, creating doubt, taken to P.W.1, the Superintendent of Customs. As regards whether Section 52A of the NDPS Act, and Standing Orders 1/88 and 1/89 are followed, it is to be seen that Section 52-A is for the purpose of disposal of seized Narcotic drugs and psychotropic substances, in the event of the contraband seized is to be disposed of, in view of its vulnerability of theft, substitution, constraints of proper storage space, and any other consideration, Section 52A to be followed, wherein the inventory of such contraband with details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs or psychotropic substances to be recorded. By preparing an inventory certifying the correctness and the process to be done in the presence of Magistrate, photographs of the seized drugs to be taken. The contraband tested using Test Kit from each of the 4 packets, which tested positive, weighed around 975 gms., not of bulk quantity, not in lots. Hence, 4 packets made into one homogenized and there after, specimen samples drawn. Likewise, instructions 1.7, is for number of samples to be drawn. The Instructions is that when the package / containers seized together in are of identical size and weight and contents can be harmonized provided each package give identical results on colour test by U.N. Kit - As per the instructions 1.8 numbering of packages and as per instruction 1.9 the seizing officer to prepare the Panchanama on the spot in presence of the accused and witness and required to put his signature on the samples, which is followed. Thus, the Standing Order 1/88 is followed. The accused in his statement / Ex.P2 during 313 question and at the time of question of sentence, consistently state that he hails from poor family, having aged parents to be taken care and he is only a carrier, his situation forced to take the offer of said Thameem. Admittedly, in this case, the said Thameem neither arrested, nor shown as accused, what follow up steps taken is not known, whether Thameen house was kept under surveillance. his mobile tracked, nothing is known. Admittedly, appellant is only a carrier, hails from a poor background. The conviction recorded u/s 8(c) r/w 21(c) & 28 of NDPS and sentence imposed on the appellant to undergo 10 years R.I. is confirmed. The order for payment of fine of Rs.1,00,000/- for each of the offence upheld, but an order that in default of payment, the appellant shall undergo R.I., for 2 years is reduced to R.I. for 1 month. The default sentence for all offence modified to one month alone - the criminal appeal allowed in part.
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