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IN THE COURT OF SH. AJAY KUMAR JAIN: SPECIAL JUDGE NDPS:
PATIALA HOUSE COURTS: NEW DELHI
Case No. SC/323/18
ID No. 02403R0026872018
Narcotics Control Bureau Delhi Zonal Unit, Government of India West Block No. 1, Wing No. 7, IInd floor, R.K. Puram, New Delhi
Versus
Betty Rame (In JC) D/o Farnando Rame R/o 8575, Glenwood Park, Harare, Zimbabwe. Presently lodged in Tihar jail, New Delhi.
Date of Institution: 28.09.2018
Judgment reserved on: 17.08.2021
Date of pronouncement: 25.08.2021
JUDGMENT
Prosecution story in brief is that IO Anand Kumar on receiving a secret information at around 730 hours on 02.04.2018 that one Zimbabwean lady dark complexioned departing to Goa by flight no. 6E505 from Terminal 1D at around 2140 hours suspecting to carrying narcotic drug or psychotropic substance in her bag, reduced the same in writing and put it before Sh. V.V. Singh, superintendent who directed IO Sarita Kataria to constitute a team and take necessary action as per law. Accordingly, IO Sarita Kataria constituted a team consisting of herself, IO Anand Kumar, IO Rampal, Sepoy Yogesh Kumar, Sepoy Vishwendra and driver Babu Lal. Then, after collecting the required items used for search and seizure reached airport, IO Sarita Kataria at airport disclosed information to CISF personnel and requested them to become independent witnesses for search and seizure proceedings to which R.K. Mandal ASI/Exe. CISF and Ravi Kant ASI/Exe. CISF unit ASG of Delhi Airport, agreed to become independent witnesses. Around 2030 hours, accused carrying two luggage bags entered the terminal building from entry gate no. 5 then she was approached by the NCB team alongwith independent witness. IO Sarita Kataria asked her name and details, thereafter she revealed her name as Betty Rame, Zimbabwean national who is going to Goa via flight no. 6E505 through Indigo airways. IO offered personal search of herself and the staff but she refused then notice u/s 50 was given to her and explained that she has a right to be searched before magistrate and Gazetted Officer to which she denied thereafter, she was asked to open the trolley suitcase mark Echolec gray colour which was thoroughly checked and found to contain some used clothes however after removing the clothes, the suitcase was still found abnormally heavier. Then, IO found false cavity on upper and lower side of the suitcase. On removing the plastic covers of false cavity, it was found to contain black colour polythene in each cavity. Thereafter, black colour polythene from both upper and lower were removed and cut opened which found to contain white crystalline substance and informed by accused Betty Rame as Methamphetamine. Then small quantity was taken from each packet which tested positive for Methamphetamine. The contraband recovered was having same colour and texture from both the polythene, then the entire crystalline substance was transferred in transparent polythene packet, and on weighing the total quantity came out to be 3 kg. Two samples of 5 gm each were drawn, search and seizure proceedings were conducted, panchnama was prepared, test memo in triplicate was prepared.