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Madhya Pradesh High Court · body

2005 DIGILAW 216 (MP)

NENE OKUGO v. STATE OF M P

2005-02-10

S.K.PANDE

body2005
Judgment ( 1. ) SPECIAL Judge (NDPS Act), Jabalpur in Special Case No. 4/97 vide impugned judgment dated 9-2-99 recording conviction of appellant under sections 8/21,23/29, NDPS Act, 1985 sentenced her to undergo R. I. for a period of 10 years and to pay fine Rs. 1 lakh, in default to suffer further imprisonment for a period of two years on each count. Being aggrieved, appellant has preferred this appeal under Section 374 (2), Cr. PC. ( 2. ) A parcel addressed to Mrs. Joogi Hote c/o Nene Okugo, 89 napier Town, Opposite Goodwill Complex, Jabalpur, M. P. , India, Postal Code 482 001 said to have been dispatched from Brazil at the London Airport was suspected to be a parcel containing contraband. Being a suspected case of Drugs trafficking, the Drugs License Officer Chet Patel obtained the same for controlled delivery. The counter part Vijay Kumar Sahasne (P. W. 15) Superintendent Narcotics Control Bureau, Bombay (N. C. B.) accordingly was informed. Thereafter, the parcel was handed over to him. In turn Vijay Bahadur delivered the parcel to Dr. R. P. Sharma (P. W. 6), Director NDPS, Jodhpur Zone for further action. Dr. R. P. Sharma in presence of Sarvan Singh Chouhan (P. W. 1)an officer of N. C. B. , delivered the parcel to R. K. Shrivastava, Head Postmaster, jabalpur. Before proceeding with the controlled delivery to the addressee photographs (P/2-A, B, C, D) (P/3-A, B, C, D) were taken. The preliminary enquiry revealed that it contained cocaine. Dr. R. P. Sharma, Sarvan Singh Chouhan having arranged the raid summoned Arun Kumar Rai (P. W. 3 ). The Head Post Master then gave the parcel to Hemu Lal Rajak (P. W. 2), Head Post Man, Jabalpur. On 10-10-96 the postman Hemulal visited the house of the addressee and found appellant Nene okugo. Appellant received the parcel from postman Hemulal and acknowledged its receipt. Immediately Sarvan Singh Chouhan (P. W. 1), Dr. R. P. Sharma (P. W. 16) with Arun Kumar Rai (P. W. 3) raided the house of the appellant. The appellant was apprised of the fact that Sarvan Singh Chouhan an officer of the ncb intends to take a search of the residential house of the appellant. On search, the parcel said to have been delivered to the appellant, was found kept below the pillow on the bed of the appellant. The appellant was apprised of the fact that Sarvan Singh Chouhan an officer of the ncb intends to take a search of the residential house of the appellant. On search, the parcel said to have been delivered to the appellant, was found kept below the pillow on the bed of the appellant. Accordingly, it was seized and on opening 473 grams of cocaine kept in the folder of the book was recovered. A small instrument of weighing-weights etc. also were found inside the room. These articles were seized from the possession of appellant vide Panchnama (Ex. P-7 ). The appellant was arrested. The sample for the purpose of analysis from the seized contraband also was taken and sent for analysis, Assistant chemical Examiner Government Opium and Alkaloid Works, Neemuch certified that the sample containing dull white morphines powder was Coca derivatives containing more than 0. 1% Cocaine covered by Section 2 (v) of the NDPS act. ( 3. ) APPELLANT Nene Okugo alias Janet Marve of Assam (India) origin was living with Michael Akubo alias John Peter alias Mike as his wife at 89/562 napier Town Opposite Goodwill Complex, Jabalpur. She was party to the drug trafficking in association with Michael Okonran Kava Okugo and Banet Gohar of Nigeria. Completing the investigation the N. C. B. charge-sheeted the appellant under Sections 21, 23 read with Section 29 of NDPS Act. ( 4. ) THE appellant abjured the guilt. In her examination under Section 313, Cr. PC submitted that she was compelled by Postman to receive the controlled delivery of the parcel as such receiving the parcel she gave the acknowledgment to the postman. Thereafter, the raiding party forcibly entered into the house and had taken the search of the premises. The Court below on the basis of evidence on record in Special case No. 4/97 vide impugned judgment dated 9-2-99 held that in association with co-accused persons of Nigeria the appellant was indulged in drugs trafficking of cocaine from Brazil to India. As such recording conviction under Sections 21,23/29 sentenced her to undergo R. I. for a period of 10 years and to pay fine of Rs. 1 lakh, in default to suffer further imprisonment for a period of two years on each count. Being aggrieved, the appellant has preferred this appeal under section 374 (2) of the Cr. PC. ( 5. As such recording conviction under Sections 21,23/29 sentenced her to undergo R. I. for a period of 10 years and to pay fine of Rs. 1 lakh, in default to suffer further imprisonment for a period of two years on each count. Being aggrieved, the appellant has preferred this appeal under section 374 (2) of the Cr. PC. ( 5. ) P. W. 15 Vijay Kumar Superintendent N. C. B. has stated that the drugs License Officer at London Airport suspected a parcel containing contraband to be transported to India. As such Mr. Chet Patel an officer of Bureau obtained parcel for controlled delivery under Section 50-A. The parcel was handed over to him by Chet Patel and as directed he gave it to Dr. R. P. Sharma, director NDPS Jodhpur Zone for further action. P. W. 16 Dr. R. P. Sharma has stated that receiving the parcel from P. W. 15 Vijay Kumar, Sarvan Singh Officer of NCB, Jodhpur was directed to reach Jabalpur. P. W. 16 Dr. R. P. Sharma, P. W. 1 Sarvan Singh Chouhan have stated that the parcel was addressed to the appellant Nene Okugo, 89 Napier Town, Opposite Goodwill Complex, jabalpur. These witnesses have stated that the parcel was handed over to R. K. Shrivastava, Head Postmaster, Jabalpur for controlled delivery to the addressee. Before proceeding further on examination it was suspected to contain cocaine, as such photographs (Ex. P/2-A, B, C, D and P/3-A, B, C, D) were taken. The head Postmaster directed the Head Postman Hemu Lal Rajak to affect the delivery to the addressee. P. W. 2 Hemulal Rajak has stated that on 10-10-96 he visited the house of the addressee. The appellant was present and accepted the delivery of the parcel addressed to her. An acknowledgment of the delivery accordingly was obtained from her. ( 6. ) P. W. 1 Sarvan Singh, P. W. 16 R. P. Sharma, P. W. 3 Arun Kumar rai have stated that the house of the appellant was raided. The alleged parcel said to have been delivered to her by P. W. 2 Hemulal Rajak was found on her bed kept below the pillow. On opening, under the cover of the book white powder weighing 473 grams was found. P. W. 1 Sarvan Singh Chouhan with the assistance of field kit on examination found it to be cocaine. The alleged parcel said to have been delivered to her by P. W. 2 Hemulal Rajak was found on her bed kept below the pillow. On opening, under the cover of the book white powder weighing 473 grams was found. P. W. 1 Sarvan Singh Chouhan with the assistance of field kit on examination found it to be cocaine. In search small instruments of weighing-weights and other articles were found. Preparing panchnama (Ex. P-7) the contraband and articles were seized from the appel-lant. These witnesses have stated that the appellant signed the Panchnama (Ex. P-7 ). P. W. 1 Sarvan Singh has stated that sample from the seized contraband was taken and sealed in presence of appellant and witnesses. On being sent for analysis the Assistant Chemical Examiner vide report dated 14-1-97 (Ex. P-65)confirmed that the sample of dull white morphines powder was coca derivatives containing more than 0. 1% cocaine, covered by Section 2 (v) of the NDPS Act, 1985. ( 7. ) STATEMENTS of P. W. 1 Sarvan Singh Chouhan, P. W. 10 Dr. R. P. Sharma are fully supported by the statements of P. W. 3 Arun Kumar Rai, P. W. 5 Rakesh Bhargava, P. W. 6 Pankajam Kingara, P. W. 8 Pranesh Fatak. ( 8. ) P. W. 4 Smt. Geeta Mangal has stated that the appellant was living with Michael in the house let out to her. At the time of raid in her presence the search was affected and Panchnamas were prepared and signed by her. ( 9. ) NO evidence in defence has been adduced. The explanation of the appellant in examination under Section 313, Cr. PC is that the controlled delivery of the parcel was forcibly affected. Appellant is a woman from Assam (India ). She was living in a rented house with Michael Okugo said to be the citizen of Nigeria. She accepted the parcel and at the time of raid, small instruments of weighing-weights and other incriminating articles were also found in her possession. She has no explanation of her possession of contraband and incriminating articles seized vide Panchnama (Ex. P-7 ). ( 10. ) FROM the said facts emerging from the evidence on record, the court below rightly held her guilty of charge under Sections 21, 23/29, NDPS act. The sentence also does not call for any interference. ( 11. She has no explanation of her possession of contraband and incriminating articles seized vide Panchnama (Ex. P-7 ). ( 10. ) FROM the said facts emerging from the evidence on record, the court below rightly held her guilty of charge under Sections 21, 23/29, NDPS act. The sentence also does not call for any interference. ( 11. ) CONSEQUENTLY, maintaining the conviction-sentence vide impugned judgment of the Court below in Special Case No. 4/97, appeal fails and is dismissed. Criminal Appeal dismissed.