Sandeep Mehta, J. - (1.) By way of this appeal, the appellant Kunj Ahmed has approached this Court assailing the judgment dated 06.01.2011 passed by the learned Special Judge (Sessions Judge), NDPS Cases, Udaipur in Special Sessions Case No. 177/2008 convicting the appellant for the offence under Section 8/21 of the NDPS Act and sentencing him to 14 years' R.I. and a fine of Rs. 2,00,000/- in default of payment of fine, to further undergo 2 years' simple imprisonment.
(2.) Succinctly stated, the facts necessary and relevant for disposal of the appeal are noted herein-below: Baldev Singh (PW-2) was working as Chief Security Officer at the Maharana Pratap Airport, Udaipur on 10.05.2008. He was assigned the duty of checking the baggage of the passengers on that day. Flight No. IC-471 was scheduled to proceed from Udaipur to Mumbai. It is alleged that about 03.15 PM, a passenger came and placed his baggage on the belt of the X-ray Machine. Baldev Singh noticed three suspicious packets inside a bag put on the belt by the said passenger. The officer, instructed his subordinates to put the bag aside and call the passenger for physical checking of the bag's contents. Upon inquiry being made from the passenger regarding the contents of the bag, he told that Henna (Mehandi) packets were packed in it. He took out one packet of Henna from the bag which was again put into the X-ray Machine. The passenger showed reluctance in showing the other packets and pleaded that he would miss the flight. The passenger was assured that the flight was delayed and he would not miss it. When the suspicious packets were put into the X-ray Machine, difference in material density was noticed. At this point of time, the suspect requested that he wanted to go to the washroom and saying this, he put the packets back into the bag and went away under the pretext of going to the washroom but did not return. The security officer immediately called Dilip Singh, Inspector CSF. Dilip Singh also checked the packets and found the same to be suspicious. The SHO, Police Station Dabok was immediately informed. He reached the Airport within 15 minutes. As per the security officer Baldeo Singh, the suspect passenger who abandoned the bag was Kunj Ahmed. He went away under the pretext of going to the washroom and managed to escape abandoning his ticket and the suspicious baggage.
(3.) Baldev Singh submitted a written report to the SHO Dabok upon his arrival at the Airport. The contents of the written report which was marked as Ex.P/4 at the trial, are of vital importance and are reproduced herein-below for the sake of ready reference:- ...[VERNACULAR TEXT OMITTED]... ...[VERNACULAR TEXT OMITTED]...;