TaxTMI 
TaxTMI 
1999 (11) TMI 909
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....lant, a Spanish national, was intercepted at the I.G.I. Airport, New Delhi by the Assistant Customs Officer R.C. Kundara, while he was leaving for Amsterdam by KLM flight No. K.L. 872. The search of his personal luggage resulted in recovery of 250 grams of heroin. After completing the procedural formalities, a sample was sent for Chemical analysis. The sample which was sent for Chemical analysis was found to be diacetyl morphine (heroin) commonly known as brown sugar. 3. The prosecution mainly relied on the evidence of ACO Shri R. C. Kundara (PW-1) and Air Customs Superintendent Shri Syed Yaseen (PW-2) besides the confessional statement (Ex. PW-2/A) of the appellant. The learned Additional Sessions Judge, on appreciation of evidence on rec....
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.... contraband substance. The appellant was given an option being searched in the presence of a Gazetted Officer or Magistrate but he declined the offer in his own handwriting (Ex. PW-1/A). Thereafter, the appellant produced his checked in luggage for search. The appellant identified his suitcase which was found booked. Baggage tag fixed on it tallied with the claim tag affixed on his air ticket. The appellant opened the suitcase and on search two packets containing heroin was recovered from it in the presence of panch witnesses, namely, Bhuwan Chand Tiwari and Sohan Lal vide seizure memo (Ex. PW-1/8). The test revealed that the powder recovered from the said suitcase was heroin. The total quantity thus found from the possession of the appella....
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....d dispatch of samples to the officer of the CRCL and also to some irregularities committed in following the procedure with respect to safe custody of the heroin seized from the appellant. It is significant to mention that in his examination under Section 313 Cr. P. C., the appellant had stated that the statement (Ex. PW-2/A) was obtained by force and that he was beaten up by the officers of the Customs Department. The said statement (Ex. PW-2/A) was made on 17.7.1995. The appellant retracted it on 26.3.1996. Till then, he had not complained against any Officer as regards the alleged beating or use of force in obtaining the said statement. In short, there is nothing on record to substantiate the said allegations of the appellant. Thus, in my....