Delhi District Court
Customs vs Pranee Soyson Etc. on 26 March, 2014
IN THE COURT OF SH.SURESH CHAND RAJAN
ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE(NDPS)
DWARKA COURTS, NEW DELHI
SC No.25/3/08
Customs
Vs.
1. Pranee Soyson D/o Soyson
2. Nungrutai Pahupapai D/o Pahupapai
3. Laddawan Daengsee D/o Punthai Daengsee
4. John S/o Godson
5. Ngoran Fredrick S/o Peter
6. Collins Chinezie S/o Aaran Nwokure
7. Frances Nwagbo S/o Nwagbo
8. Ikechukwu Young S/o Kongwu Philip
.......... Accused
Complaint filed on : 27.11.2007
Date of decision: 05.02.2014
JUDGMENT
The facts in brief of prosecution's case are that on 24.05.2007 accused Pranee Soyson and Nungrutai Pahupapai while leaving for Bangkok by Thai Airways were intercepted by the Customs Department and were served with notice u/s 102 of Customs Act and 50 NDPS Act. It is further the case of the Customs that nothing incriminating was found in the personal search and search of baggage, however, on sustained Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 1 of 21 interrogation, accused Nungrutai Pahupapai broke down and disclosed that she was carrying 42 capsules containing narcotics drugs in her body and also informed that accused Pranee Soyson was also carrying same number of capsules of narcotics drugs. It is further the case of the Customs that accused Nungrutai Pahupapai appeared before Customs Officer and tendered her statement u/s 67 NDPS Act that during her visit to India she stayed in apartment no. 3604 Astha Kunj, Sec.3 Dwarka, owned by John and a Thai Lady and also gave their telephone numbers. She disclosed that the capsules were given to her by accused John. It is further the case of the Customs that similar statement was given by Pranee Soyson. Accused Nangrutai and Pranee Soyson were medically examined for ejection of capsules where accused Pranee Soyson ejected 42 capsules in five times from 26 to 27th May and she was discharged from the hospital on 29.5.07. It is further the case of the Customs that total 325 gms off white powder i.e.Heroin was recovered and the same was marked as A and three samples of 5 gms marked A1, A2 and A3 were drawn. Similarly accused Nangrutai ejected 42 capsules from 26th to 27th May 2007 and total 320 gms off white powder i.e. heroin was recovered and the same was marked as B and three samples of 5 gms marked B1, B2 and B3 were drawn.
2. It is further the case of the Customs that search of Flat no.3704 Astha Kunja Apartment, Plot no.3, Sec.3, Dwarka occupied by accused Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 2 of 21 John was carried out where accused Fredrick opened the door and stated that same was occupied by his family members Collins, John and Laddawan Daengsee. Laddawan appeared and tendered her statement that she arrived in India on 19.5.07 and stayed in Hotel at Old Rajinder Nagar and then contacted accused John who called her at his residence at Dwarka. She went there and at that place, two more men whom she did not know met them for the first time namely Collins Chimeze and Frederick. It is further the case of the Customs that accused Collins disclosed that he stayed with Mr. John and in the evening on 23.5.07 he saw two Thai Ladies who visited John. Accused Frederick also stated that John offered him room on rent of Rs.3000/ and he shifted to Dwarka in the last week of March 2007 and since then he had been staying with John. It is further the case of the custom that John also appeared before the Customs Officer and stated that he had sub let two rooms to Frederick and Collins on contribution basis and he has met Laddawan Daengsee in March 2007 and given his mobile number. It is the further case of the Customs that Laddawan disclosed that she had seen two ladies one healthy and other slim in the night at the residence of John on 23.5.07 and on that night she slept alone outside the room and both the ladies slept in the room of John and there were six people in the flat in the morning of 24.5.07, two ladies, herself, Frederick, Collins and further that both ladies went out to bring luggage from hotel on 24.5.07. It is further the case of customs that John stated that Pranee Soyson used to smuggle heroin for Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 3 of 21 Papa and Nanna and works for them in India. It is further the case of the customs that Collins stated that he knew Pranee Soyson and that accused John gave narcotics drugs capsules to Nina and other lady to swallow and the name of the other slim lady was Nam(Nangrutai Pahuppai) and those ladies swallowed narcotic drugs therein in John's room were brought by John and were given by him. The two ladies remained in the flat for whole day of 24.5.07 and left their flat in the night of 24.5.07 at 9 p.m. Collins was carrying the keys of premises WZ37 Street no.16 New Mahavir Nagar and got recovered 485 grams powdery substance which was seized and three samples of 5 gms each were drawn. It is further the case of the prosecution that the house was of Aman Deep's mother Manjeet Kaur Singh who had given it on rent to Mr. Augustine who has been staying there and his friend also used to visit the premises.
3. It is further the case of the Customs that premises i.e. Flat no. 551 JG 2 Block Vikaspuri was also raided which was occupied by accused Francis and from there 400 gms heroin was recovered from wooden satti, 37 gms concealed in satti and 233 gms was recovered from bathroom cum toilet flush and three samples from each recovery was drawn and seized as Mark A1 to A3, B1 to B3 and C1 to C3. Accused Young used to prepare capsules for accused John.
4. It is further the case of the Customs that two laptops were Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 4 of 21 recovered and data was found belonging to Fredrick and John and further that email account belonging to Fredrick shows that accused had been involved in procuring, possession, transporting and conspiring with regard to illegal trade in narcotics and further that more than Rs. 30.00 lacs were received by Frances Nwagbo. The case property was sent to CRCL and recovered substance was found to be heroin. After completion of investigation present complaint for offences u/s 21,23,28 and 29 NDPS Act was filed.
5. After supplying the copies of the complaint and accompanying documents to the accused persons, arguments on charge were heard and upon finding prima facie case against the accused persons, the charge against them was framed by Sh.P.S.Teji, Ld. Special Judge(NDPS) on 3.5.08. However, the said charge was amended vide order dated 3.2.10 passed by Ms.Ravinder Kaur, the then Ld. ASJ/Special Judge(NDPS) vide which all the accused persons were charged for the commission of offence punishable u/s 29 NDPS Act and U/s 23 r/w sec.28 NDPS Act and separate charge u/s 21 NDPS Act was also framed against accused Frances Nwagbo, Nungratai Pahupapai and Pranee Soyson to which the accused persons pleaded not guilty and claimed trial. Thereafter the case was fixed for Prosecution Evidence.
6. The Custom in support of its case, in all, has examined as Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 5 of 21 many as 44 witnesses.
7. PW1 Kulwant Singh is the ACO who remained in the investigation of this case. He is a witness of recovery, panchnama, seizure of recovered substance, preparing of test memo and arrest of accused Pranee and Nangrutai.
8. PW2 Manoj Kumar was posted as SDO(A), PW3 V.P.Prabhakar has written letters to various authorities, PW4 Surender Gupta is the witness regarding report u/s 57 NDPS Act, PW5 MS Raman has gone to record the statement of accused Pranee Soyson, PW6 Anjula Ray Chaudhuri issued summons u/s 67 NDPS Act to Amandeep Singh, PW7 Veena Hindwan who has stated that proceedings i.e. statements u/s 67 NDPS Act of accused were recorded and bears her signatures, PW8 Mange Lal Meena also recorded the statement u/s 67 NDPS Act of Pranee and nungrutai, PW9 N.L.Sharma is the witness regarding proceedings conducted against accused John, PW10 S.L.Rana was working as SDO9A) on the date of arrest of accused, PW11 Amit Malhotra was working for Thai Airways on 24.5.07 and he is witness to the proceedings conducted against accused Pranee and Nungrutai, PW12 A.K.Raghav was also working as SDO(A) on 30.8.07, PW13 Chander Pal Sinigh is the ACO and was authorised to take the samples A1 and B1 to CRCL, PW14 Rajender Kumar Verma is the public witness who was Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 6 of 21 present during search of flat no.3704 Sec.3 Dwarka, PW15 SK Mishra has issued summons to Mohit Wadhwa.
9. PW16 Ashish Gupta is the witness of a flat situated in Astha Kunja, Dwarka, PW17 Anju Singh had issued summons to Laddawan and made enquiries, PW18 Deepa Risha had issued summons to accused Laddawan and made enquiries from her, PW19 Lalit Mohan Agarwal is the witness from CRCL, PW20 RS Pawar had issued summons u/s 67 of accused John, Fredrick and Collins, PW21 Umesh Mankar also issued summons to these accused persons, PW22 Achla Khera has stated that accused Laddawan appeared before her and she was enquired by her, PW23 Amit Khanna reached at house WZ 37 Street no.16, Mahavir Extn where Collins opened the door, PW24 Vinod Kumar is the Incharge of Valuable Godown, PW25 K.P.Subramony reached at JGII 551 Vikaspuri where they apprehended one accused Frances.
10. Pw26 Rakesh Sikri is the public witness and is witness to Panchnama Ex.PW26/A, PW27 Nepal Singh had also accompanied to Mohan Garden with custom officer but he turned hostile, PW28 Avtar Singh Sidhu joined the investigation at flat no.3704 Aastha Kunj, PW28 Jagdish Saran is the witness from CRCL, PW30 Chander Pal is the public witness, PW31 S.K.Gupta is the witness from CRCL, PW32 Anita Malhotra is the witness to recovery of heroin capsules from Nangrutai Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 7 of 21 and Pranee in the hospital, PW33 Kamla Goswami also joined in the hospital during easing out of capsules, PW34 UR Gupta has deposed that he went for investigation at B4 Mohan Garden at the house of Ikechukwu Young, PW35 Indu Grover also joined duty at RML Hospital, PW36 Jaiveer Singh is the witness from CRCL, PW37 Manjeet Singh is the public witness who joined the investigation at house no.WZ37 Street no.16, New Mahavir Nagar, PW38 R.K.Ahlawat has issued summons to Ngoran Fredrick u/s 67 NDPS Act., PW39 Leena Roa remained in investigation, PW40 Dr. Atul Goel has stated about easing out of capsules in the hospital, PW41 K.Madhavi Latha has deposited the samples at CFSL Hyderabad, PW42 Seema Srivastava is the witness from CFSL Hyderabad who prepared the test report Ex.PW42/A, PW43 Monu Singh was working with Universal Aviation at IGI Airport and he joined the investigation at the time of apprehension of accused Pranee Soyson and Nungrutai and PW44 Pramod Sharma is the public witness who joined the investigation at Flat no.551, JGII, Vikaspuri.
11. After examination of witnesses, the case was fixed for recording the statements of accused persons u/s 313 Cr.PC. However, on 5.2.14 when all the accused persons were produced in the court, they have stated that now they want to plead their guilt in this case. The accused persons were informed about the consequences of their pleading guilt by the court. They were directed to rethink about their decision. The matter Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 8 of 21 was again taken up after about 15 minutes but the accused persons have stated that they stand by their decision and requested that their statements may kindly be recorded. I therefore recorded the statements of each accused which are as under: Statement of accused Pranee Soyson d/o Soyson, age 44 yrs, 5/2 Donton Takan Ubonratcha, Tunni, Thailand presently lodged in jail no.6 Central Jail, Tihar, New Delhi Without Oath I am one of the accused in the present case. I have been languishing in jail since 24.6.2007. Now I want to plead my guilt in this case. I admit the charge framed against me. So leniency may kindly be taken against me. I have made my statement before this Hon'ble court today voluntarily without any pressure or coercion from any side, independently.
Sd/ sd/
RO&AC (S.C. RAJAN)
ASJ/SPECIAL JUDGE(NDPS)
DWARKA COURTS/NEW DELHI
05.02.2014
Statement of accused Nungrutai Pahupapai d/o Pahupapai, age 27 yrs, 172, Vilad Bankrud Burian Thailand lodged in jail no.6 Central Jail, Tihar, New Delhi Without Oath I am one of the accused in the present case. I have been languishing in jail since 24.6.2007. Now I want to plead my guilt in this case. I admit the charge framed against me. So leniency may kindly be taken against me. I have made my statement before this Hon'ble court today voluntarily without any pressure or coercion from any side, independently.
Sd/ sd/
RO&AC (S.C. RAJAN)
ASJ/SPECIAL JUDGE(NDPS)
DWARKA COURTS/NEW DELHI
05.02.2014
Customs Vs.Pranee Soyson etc.
SC No. 25/3/08 Page No. 9 of 21
Statement of accused Laddawan Daengsee d/o Punthai Daengsee age 33 yrs., 265 Parpeen Bangkok, Thailand presently lodged in jail no.6 Central Jail, Tihar, New Delhi Without Oath I am one of the accused in the present case. I have been languishing in jail since 24.6.2007. Now I want to plead my guilt in this case. I admit the charge framed against me. So leniency may kindly be taken against me. I have made my statement before this Hon'ble court today voluntarily without any pressure or coercion from any side, independently.
Sd/ sd/
RO&AC (S.C. RAJAN)
ASJ/SPECIAL JUDGE(NDPS)
DWARKA COURTS/NEW DELHI
05.02.2014
Statement of accused John (Nnamdic IK Nnamjide) s/o Godson age 36 yrs, 10, Obanna Estate Nigeria presently lodged in jail no. 3 Central Jail, Tihar, New Delhi Without Oath I am one of the accused in the present case. I have been languishing in jail since 24.6.2007. Now I want to plead my guilt in this case. I admit the charge framed against me. So leniency may kindly be taken against me. I have made my statement before this Hon'ble court today voluntarily without any pressure or coercion from any side, independently.
Sd/ sd/
RO&AC (S.C. RAJAN)
ASJ/SPECIAL JUDGE(NDPS)
DWARKA COURTS/NEW DELHI
05.02.2014
Customs Vs.Pranee Soyson etc.
SC No. 25/3/08 Page No. 10 of 21
Statement of accused Ngoran Fredrick s/o Shri Peter age 38 yrs. 20, John Avenue Abidjan, Ivory Coast, presently lodged in jail no.1 Central Jail, Tihar, New Delhi Without Oath I am one of the accused in the present case. I have been languishing in jail since 24.6.2007. Now I want to plead my guilt in this case. I admit the charge framed against me. So leniency may kindly be taken against me. I have made my statement before this Hon'ble court today voluntarily without any pressure or coercion from any side, independently.
Sd/ sd/
RO&AC (S.C. RAJAN)
ASJ/SPECIAL JUDGE(NDPS)
DWARKA COURTS/NEW DELHI
05.02.2014
Statement of accused Collins Chimezei s/o Aaran Nwokure, age 33 yrs, Ghokonigt, Asao Estate Lagos Nigeria presently lodged in jail no.3 Central Jail, Tihar, New Delhi Without Oath I am one of the accused in the present case. I have been languishing in jail since 24.6.2007. Now I want to plead my guilt in this case. I admit the charge framed against me. So leniency may kindly be taken against me. I have made my statement before this Hon'ble court today voluntarily without any pressure or coercion from any side, independently.
Sd/ sd/
RO&AC (S.C. RAJAN)
ASJ/SPECIAL JUDGE(NDPS)
DWARKA COURTS/NEW DELHI
05.02.2014
Customs Vs.Pranee Soyson etc.
SC No. 25/3/08 Page No. 11 of 21
Statement of accused Frances Nwagbo s/o Nwagdo age 55 JB II/551 Vikaspuri, New Delhi presently lodged in jail no.3 Central Jail, Tihar, New Delhi Without Oath I am one of the accused in the present case. I have been languishing in jail since 24.6.2007. Now I want to plead my guilt in this case. I admit the charge framed against me. So leniency may kindly be taken against me. I have made my statement before this Hon'ble court today voluntarily without any pressure or coercion from any side, independently.
Sd/ sd/
RO&AC (S.C. RAJAN)
ASJ/SPECIAL JUDGE(NDPS)
DWARKA COURTS/NEW DELHI
05.02.2014
Statement of accused Ikechukwu Young s/o Kongwu Philip age 52 yrs. r/o
village Obalanambra Nizeria presently lodged in jail no.1 Central Jail, Tihar, New Delhi Without Oath I am one of the accused in the present case. I have been languishing in jail since 24.6.2007. Now I want to plead my guilt in this case. I admit the charge framed against me. So leniency may kindly be taken against me. I have made my statement before this Hon'ble court today voluntarily without any pressure or coercion from any side, independently.
Sd/ sd/
RO&AC (S.C. RAJAN)
ASJ/SPECIAL JUDGE(NDPS)
DWARKA COURTS/NEW DELHI
05.02.2014
Customs Vs.Pranee Soyson etc.
SC No. 25/3/08 Page No. 12 of 21
12. On 05.02.2014, Sh T.K.Mahapatra Adv. And Sh. Anuj Giri Adv. were present in the court who represents the accused persons in this case. All the accused persons have pleaded their guilt in the presence of their lawyers. They were explained about the consequences of pleading guilt by their lawyers also. All the accused persons have pleaded their guilt in this case voluntarily without any pressure or coercion.
13. Considering the above statements of the accused persons, they have voluntarily confessed their guilt in the present case. They are represented by their counsels. They pleaded their guilt at the stage of recording of their statement u/s 313 Cr.PC.
14. In view of the above statements of accused persons for pleading their guilt today, it has been admitted by the accused that they have conspired with each other in order to export/import heroin (Narcotic Substance) from/in India and three of them were found in possession of heroin and one in possession of heroin&cocain.
15. However, it is also submitted by the accused persons that as per the test report issued by the CRCL, there is percentage of the recovered substance i.e. diacetylmorphine/heroin mentioned in the test report and as per the percentage given in the test report, the recovered diacetylmorphine comes into category of intermediate quantity. Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 13 of 21
16. On the other hand, Ld. SPP for the Custom has submitted that no leniency should be shown to such person and he prayed for deterrent punishment. It is submitted that as per the notification issued in the year 2009, the percentage of recovered substances is not applicable in this case. Therefore, the entire recovered quantity may please be treated as recovered substance.
17. In consideration of the arguments from both sides and in view of the law laid down by the Hon'ble Supreme Court in case titled as E.Micheal Raj Vs. N.C.B., in Appeal (crl.)1250 of 2005 decided on 11th March 2008, the method of percentage of the recovered substance i.e. diacetylmorphine is applicable and after using the percentage method the quantity of the recovered substance in the present case comes into the category of intermediate quantity. As so far notification issued in the year 2009 is concerned, the same is not applicable on the present case as the present case was booked in the year 2007 whereas the notification was issued in the year 2009 and it is well settled law that retrospective effect of any amendment is not applicable. Therefore, the substance recovered in the present case comes into the category of intermediate quantity.
18. In consideration of pleading guilt by the accused in this case and as per the case of the prosecution heroin was recovered from accused Pranee Soyson, Nangrutai, Collins and Frances. Considering the Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 14 of 21 submissions of accused persons regarding percentage of the recovery diacetylmorphine/heroin, I have also perused the CRCL report. The samples in respect of accused Pranee Soyson was found positive for heroin with percentage of 38.7%. Total recovered heroin was 325 gms. Therefore, the recovered substance from Pranee Soyson came to be around 125 gms.
19. The samples in respect of accused Nangrutai Pahupapai was found positive for heroin with percentage of 38.5%. The total weight of the recovered heroin was 320 gms. Therefore the recovered substance from Nangrutai Pahupapai came to be around 125 gms.
20. The samples in respect of accused Collins was found positive for heroin with percentage of 29.1%. The total recovered heroin was 485 gms. Therefore the recovered substance from Collins came to be around 141 gms.
21. The samples in respect of accused Frances Nwagbo was found positive for heroin with percentage of 22.6%. The total substance was 233 gms. Therefore the recovered substance from Frances Nwagbo came to be 52.65 gms and 37 gms monostylmorphine. The sample found positive for cocain with percentage 61.8%.Therefore the recovered cocain was found to be around 25 gms.
Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 15 of 21
22. In view of the percentage of diacetylmorphine/heroin/monostyle morphine/cocain from each accused, it is emphatically clear that the recovered substance has come under the category of intermediate quantity.
23. Considering the above, I therefore hold all the accused Pranee Soyson, Nungrutai Pahupapai, Laddawan Daengsee, John, Ngoran Fredrick, Colllins Chimezie, Frances Nwagbo and Ikechukwu Young guilty for the commission of offence punishable u/s 29 & 23 r/w Sec.28 NDPS Act and accused Pranee Soyson, Frances Nwagbo and Nangrutai Pahupapai are separately held guilty u/s 21 (b) NDPS Act and convict them thereunder.
24. However, on perusal of the file, it is revealed that amended charge has not been framed against accused Collins while it is alleged that 485 gms of heroin was got recovered from him. In view of his admission and pleading guilt, he is also held guilty u/s 21(b) NDPS Act and convicted thereunder.
Announced in the open Court on 05.02.2014.
(SURESH CHAND RAJAN) ADDL.SESSIONSJUDGE/ SPECIAL JUDGE(NDPS) (South West District) Dwarka Courts/ NEW DELHI Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 16 of 21 IN THE COURT OF SH.SURESH CHAND RAJAN ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE(NDPS) DWARKA COURTS, NEW DELHI SC No.25/3/08 Customs Vs.
1. Pranee Soyson D/o Soyson
2. Nungrutai Pahupapai D/o Pahupapai
3. Laddawan Daengsee D/o Punthai Daengsee
4. John S/o Godson
5. Ngoran Fredrick S/o Peter
6. Collins Chinezie S/o Aaran Nwokure
7. Frances Nwagbo S/o Nwagbo
8. Ikechukwu Young S/o Kongwu Philip .......... Accused ORDER ON THE POINT OF SENTENCE Accused/convict Pranee Soyson, Nungrutai Pahupapai, Laddawan Daengsee, John, Ngoran Fredrick, Colllins Chimezie, Frances Nwagbo and Ikechukwu Young have been held guilty for the commission of offence punishable u/s 29 & 23 r/w Sec.28 NDPS Act and accused Pranee Soyson, Frances Nwagbo,Collins Chinezie and Nangrutai Pahupapai have separately been held guilty u/s 21 (b) NDPS Act and convicted thereunder vide judgment dated 05.02.2014.
2. I have heard the arguments on the point of sentence from the Ld. Counsel for the accused as well as accused persons themselves. It has been Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 17 of 21 submitted on behalf of accused John that he is 36 years of age. He is married having two minor children. He has old aged parents. He is only the bread earner in his family and all responsibilities of the family and society is on his shoulder. His old aged parents remain ill and unable to meet their daily needs. He belongs to poor family. His wife and chidren are suffering due to his incarnation. He has been languishing in jail for last about 7 years. He is first offender. There is no criminal case against him. It is prayed that the most lenient view may be taken against him and he may be released on the period already undergone.
3. It has been submitted on behalf of accused Ikechukwu Young that he is 52 years of age. He is married having four minor children. His parents have already died and there is no one to look after his family. He is only the bread earner in his family. He belongs to poor family. His wife and chidren are suffering due to his being in jail. He has been languishing in jail for last about 7 years. He is first offender. There is no criminal case against him. It is prayed the lenient view may be taken against him and he may be released on the period already undergone.
4. It has been submitted on behalf of accused Ngoran Fredrick that he is aged about 38 years. He is married having two minor children. He has old and ailing parents. He is only the bread earner in his family and all responsibilities of the family and society is on his shoulder. His old aged parents remain ill and unable to meet their daily needs. He belongs to poor family. His wife and chidren are suffering due to his incarnation. He has been Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 18 of 21 languishing in jail for last about 7 years. He is first offender. There is no criminal case against him. It is prayed lenient view may be taken against him and he may be released on the period already undergone.
5. It has been submitted on behalf of accused Collins that he is 33 years of age. His parents have already expired. He has one brother and one sister. He is unmarried and first offender.
6. It has been submitted on behalf of accused Francis Nwagbo that he is 55 years of age. He is also first offender. He is married having three children. His father has died. He also belongs to poor family and there is no one to look after his wife and children.
7. It has been submitted on behalf of accused Ladawan that she is aged about 33 years of age. She is unmarried. She has aged and ailing father and mother. She is first offender. She wanted to go back to her home and will not repeat such an act henceforth.
8. It has been submitted on behalf of accused Pranee Soyson that she is 44 years of age. She is married having two children. She is first offender. Her children are suffering due to her incarnation as she is in jail for last about 7 years.
9. It has been submitted on behalf of accused Nangrutai Pahupapai that she is unmarried. This is first case against her. She is the only child of her Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 19 of 21 parents. It is submitted on behalf of all the accused persons that lenient view may kindly be taken against them.
10. On the other hand, Ld. SPP for the Custom has submitted that no leniency should be shown to such person and he prayed for deterrent punishment.
11. Considering the facts of the case, arguments made on behalf of the accused/convicts as well as Ld. SPP for the Customs, the sentencing policy followed in India is based upon reformative theory and not on retributive theory. The purpose of sentence is and should be to reform a criminal so as to convert him into a law abiding citizen. The accused persons, in the present case were apprehended on 24.5.07 and therefore they have been languishing in jail for about seven years. The accused persons have been convicted u/s 21(b) NDPS Act and 23,29 r/w sec.28 NDPS Act as the actual quantity of the narcotic drug or psychotropic susbtance found in the mixture alone is relevant for the purpose of imposition of sentence. Since the accused persons have voluntarily confessed their guilt and have shown their willingness to reform themselves and since they want to go back to their home to meet their children, parents and relatives and since they have spent about seven years in jail, a lenient view is taken and accordingly all the accused/convicts namely Pranee Soyson, Nungrutai Pahupapai, Laddawan Daengsee, John, Ngoran Fredrick, Collins Chinezie, Frances Nwagbo and Ikechukwu Young are sentenced to the period already undergone by them in this case for the commission of offence punishable u/s 23,29 r/w sec.28 NDPS Act and to pay Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 20 of 21 fine of Rs.1,00,000/ each accused and in default of payment of fine to further undergo RI for six months.
12 Accused Pranee Soyson, Frances Nwagbo, Collins Chinezie and Nangrutai Pahupapai are also sentenced to the period already undergone by them in this case for the commission of offence punishable u/s 21(b) NDPS Act and to pay fine of Rs.1,00,000/ each accused and in default of payment of fine to further undergo RI for six months.
13. Both the sentences of accused Pranee Soyson, Frances Nwagbo, Collins Chinezie and Nangrutai Pahupapai shall run concurrently. Benefit of sec.428 Cr.PC be given to all the convicts. Copy of the Judgment and order on the point of sentence be given to the convicts free of cost. Jail Warrants be prepared accordingly.
File be consigned to record room.
Announced in the Open court on 26.03.2014 (SURESH CHAND RAJAN) ADDL.SESSIONS JUDGE/ SPECIAL JUDGE(NDPS) (South West District) Dwarka Courts/ NEW DELHI Customs Vs.Pranee Soyson etc. SC No. 25/3/08 Page No. 21 of 21