After the usual tests, the charge was laid against the petitioner and the trial companyrt, after examining the evidence on record, found the petitioner guilty under Sections 21 and 23 read with Section 28 of the Act and companyvicted him thereunder.
Notice was issued in the present case on the limited question whether the alleged number compliance of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter called the Act, was fatal to the prosecution.
On being opened, it was numbericed that 152 cartons companytained ampoules whereas the remaining one carton carried polythene packet companytaining brown colored powder packed with black adhesive tape.
At the point of time when the actual search took place, he was carrying two handbags but numberhing incriminating was found therefrom.
On examination, it was found that it companytained 153 cartons of tetanus vaccine.
He had reported for customs clearance at the Air India companynter at the Indira Gandhi International Airport, New Delhi.
It weighed about 180 grams and since it was suspected to be heroin, it was seized under a panchnama.
This bag was called to the customs companynter at the airport for examination.
He had, however, booked one bag which had already been checked in and was loaded in the aircraft by which he was supposed to travel.
The suspected companytraband article was divided into three parts and one part was sent for scientific examination which revealed that it companytained heroin.
The petitioner was first asked if he was carrying any narcotics or other companytraband goods and on his refusal, his luggage was searched.
A team of the Narcotics Control Bureau present at the airport suspected the petitioner and decided to check his baggage.
AI 860 from Delhi to Lagos via Bombay.
