KINUANI FEZA JOHNSON Vs. DRI

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 30th July, 2013 passed by the learned ASJ/Special Judge, NDPS whereby appellant was convicted for the offence punishable under Section 21(c) of Narcotics Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and the order on sentence dated 3rd August, 2013, whereby she was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) Briefly stated, prosecution case is that on 2nd February, 2009 at about 10:00 A.M., Kamal Kumar (PW-1), Intelligence Officer DRI, received a specific information on telephone that one African Lady wearing blue pants, light brown jacket and a shawl would bring some narcotic drugs concealed on her person or in a dark brown coloured bag and she would reach near B22/21, Vasant Vihar, New Delhi at about 12:00 hours on the same day. Aforesaid information was reduced into writing vide Ex.PW-1/A and put up to B. K. Banerjee (PW-2), Appraiser, GI Section of DRI Head Quarter, New Delhi. B. K. Banerjee, after perusing the information, issued directions to Jyotimon Dethan (PW-4) for constituting a team for search and seizure. Jyotimon Dethan along with the officers of DRI and one lady officer namely Poonam Aggarwal (PW-7) went to the spot and at around 11:30 A.M., two public witnesses namely Ashok Kumar and Imranuddin were called and he told them about the aforesaid information and they were requested to remain present and witness the search proceedings, to which they agreed. The team of officers kept a discreet watch on the spot and at about 12:10 P.M., one African lady carrying a brown colour bag was noticed. Thereafter, they went towards the lady and intercepted her. They disclosed their identity to the lady as officers of DRI. The lady revealed her name as Kinuani Feza Johnson (appellant herein) and that she was a Congo National. Kinuani Feza Johnson was asked about the concealment of narcotic drugs and she denied the possession of the same. Thereafter, she was told that her personal search was required to be conducted and since the place of interception was not a proper place for search, being a busy place, thus she was asked to accompany the team of officers and witnesses to the office of DRI situated at IP Estate.

(3.) On reaching the office, notice under Section 50 of NDPS Act was given to Kinuani Feza Johnson by Jyotimon Dethan and she was informed that she had the legal right to get her personal search or search of her bag conducted in the presence of a Gazetted Officer or a Magistrate and she noted her reply in writing on the notice that any lady officer of DRI can take her search and that of the bag. Notice under Section 50 of NDPS Act was proved vide Ex.PW-4/A. Poonam Aggarwal conducted personal search of Kinuani Feza Johnson in complete privacy and in the personal search, nothing incriminating was recovered except her passport. On searching her brown colour bag, 16 packets were found. Those 16 packets were transparent polythene packets inside which there was a cloth packet containing some rubber stamp marking. Inside the cloth packets was another transparent polythene packet which contained off white coloured granular substance. Cloth packets were given marking as X1 to X7, Y1 to Y7 and Z1 to Z Net weight of the contraband was 16.231 kg. Search of residential premises of Kinuani Feza Johnson at B-2/21, 2nd floor, Vasant Vihar, New Delhi was also conducted. Search authorization was proved vide Ex.PW-6/B. After conducting the search, panchanama was prepared vide Ex. PW-13/A.