TMI Blog2015 (8) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... victs are women –Both convicts had themselves admitted at stage of recording their statement under Section 313 Cr.P.C that they were making attempt to transport same at behest of some other persons –Appeal disposed off with direction that both accused be deported to their country – Decided against Revenue. - CRL.A. 1311/2014 & Crl.M.A. No.14713/2014 - - - Dated:- 24-2-2015 - MANMOHAN SINGH, J. For The Appellant:-Mr.Mohit Arora, Adv. With Mr.B.S. Arora, Adv. For The Respondent:- Mr.Gaurav Chandhok, Adv. ORDER MANMOHAN SINGH, J. 1. The facts as per record and recorded by the trial court are : (a) On 20th July, 2013 Sh. Rajesh Kumar, IO received information from Inspector Tulsi Ram, CISF that two foreign nationals namely Nthadiseng Josephina and Grace Bongiwe who were to depart from IGI Airport for Gaborone via Nairobi by Kenya Airways flight 221 were suspected to be carrying huge quantity of narcotic drugs in their baggage. (b) The information was reduced into writing and put up before Sh. R.K. Singh, Superintendent, NCB and on his instructions a raiding team consisting of Intelligence Officers of NCB namely, C.S.K. Singh, Rajesh Kumar, Vishwanath ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mixed properly and on weighing its weight came out to be 18.300 kg. Two samples of 25 grams each were drawn out from the recovered substance and were put in zip lock pouches and were then placed inside separate paper envelopes. The samples were marked as A1 and A2 and the remaining substance was converted into a parcel and kept in a plastic sack and was marked as A. The other packing material was kept in the same purple coloured American tourister suitcase and was marked as A3. Thereafter all the substance from the wooden box recovered from the olive green colour suitcase was collected separately and mixed properly and on weighing its weight came out to be 10.450 kg. Two samples of 25 grams each were drawn out from the recovered substance and were put in separate zip lock pouches and were then placed inside separate paper envelopes. The samples were marked as B1 and B2 and the remaining substance was kept in a plastic sack and marked as B. The other packing material was kept inside the same Olive green colour mark X-Racing carry bag and the bag was further kept inside a plastic sack and was marked as B3. The remaining black colour Blue Star marked hand bag was marked as C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. (h) As they have committed offences punishable under Section 25A 29 of the Act, they were arrested on 21st July, 2013 and were thereafter got medically examined. (i) Reports of arrest and seizure under Section 57 of the Act were submitted by the seizing and arresting officers Sh. C.S.K. Singh, Sh. Rupesh Kumar and Sh. Pradeep Singh to Superintendent and the intimation of the arrest of the accused persons were also conveyed to the Ministry of External Affairs. (j) The case property along with samples and test memo was deposited with the Malkhana Incharge and on 22nd July, 2013 the samples along with test memos were sent to the CRCL, New Delhi for testing and after receiving the report from CRCL all the samples gave positive test for pseudoephedrine hydrochloride. Thereafter the complaint was filed. 2. On the basis of the material on record vide order dated 21st November, 2013 charges were framed against both the accused persons for having made an attempt to export pseudoephedrine hydrochloride outside India and thus for having committed an offence punishable under Section 25A of the Act. Both the accused persons pleaded not guilty to the charges framed against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PS, Patiala House Courts, New Delhi for enhancement of sentence. 8. The main grounds taken in the appeal are that the trial court failed to appreciate that imposition of sentence without considering its effect on the social order may be unreally a futile exercise. Any liberal attitude by imposing meagre sentence of taking too sympathetic view merely on account of lapse of time or personal inconveniences in respect of such offence will be result wise counterproductive in the long run and against social interest which needs to be cared for and strengthened by a string of difference inbuilt in the sentencing system. The object should be to protect the avowed object of law by imposing appropriate sentence. It is expected that the courts would operate the sentencing system so as to impose such sentence which reflects the conscience of the society and the sentencing process has to be stern. The trial court failed to appreciate that heavy recovery of pseudoephedrine hydrochloride about 28.750 kg and 20.900 kg were recovered from the possession of the accused/respondents and they are foreigners and inadequate sentence will give a wrong signal and more and more person will involve themse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... She has further informed this Court that she is a single mother and has 3 children and her parents were also dependent upon her and that she was unable to earn sufficient money to raise her children and to look after her parents. She has further narrated before this Court that she had met one lady named Leena in South Africa through a friend and the said lady had told her that if she wishes to make quick money she can help her and that the said lady also told her that she will arrange for air tickets, visa, hotel stay for her in India and all that she will have to do is to transport some chemical from India to South Africa. One lady Leena promised her that she would be paid $8500 for the aforementioned job and since her financial condition was not very good, she agreed to the proposal of Leena. As per the statement given by this accused the said lady had also told her that she will be given the said chemical by some person in India and gave her the mobile number of the said person and that on reaching India she called up on the said mobile and one lady gave her the address and told her to collect the chemical from her. She has further informed this Court that that lady was an Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court that the sole purpose of punishing an offender is not retribution alone and that the Courts while sentencing an offender must make an attempt, within the parameters of the law, to afford an opportunity to the offender to reform himself and lead the life of a normal, useful member of the society. In the present case, the convicts have no previous criminal antecedents and it does appear from the totality of the attendant circumstances and material on record that they are not at all hardened criminal but were forced due to their economic conditions to indulge in the illegal trafficking of controlled substance. Though poverty is not a justification for commission of crimes and imposing a harsh sentence will also not subserve the interests of justice. Both the convicts have young children to look after and it is also to be borne in mind that the convicts are women. Both the convicts had themselves admitted at the stage of recording their statement under Section 313 Cr.P.C that they were making an attempt to transport the same at the behest of some other persons. 13. The appeal filed by the appellant is hereby disposed off with the direction that both accused be deported to thei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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