Delhi District Court
Ncb vs Mike Karimazondo And Ors. on 23 April, 2014
NCB Vs.Mike Karimazondo and ors.
IN THE COURT OF MS. ANU GROVER BALIGA: SPECIAL JUDGE
NDPS : PATIALA HOUSE COURTS:NEW DELHI
SC No. 05/13
ID No. 02403R0015122013
Narcotics Control Bureau
Through: Shri Rajesh Kumar,
Intelligence Officer,
Narcotics Control Bureau, New Delhi
Versus
1. Mike Karimazondo
S/o Sh. Rodwel Karimazondo
R/o 105, Burnely Road,
Actonville, Benoni, Johannesburg
South Africa
2. Ellah Ncube
W/o Sh. Michael Fani
R/o African Zimbabwe Bulawayo,
3449, Emakhandeni Township
PO Luveue, Zimbabwe
3. Shila Khumalo
D/o Sh. Japhet Khumalo
R/o Room No. 70, Drummond House,
Devilliers Steet,
Johannesburg, South Africa
SC No. 05/2013 Page No. 1 of 21
NCB Vs.Mike Karimazondo and ors.
Date of Institution : 02.02.2013
Judgment reserved on : 23.04.2014
Date of pronouncement : 23.04.2014
JUDGMENT
1.The Narcotics Control Bureau (herein after referred to as NCB) through its Intelligence officer (IO) Sh. Rajesh Kumar has filed the present complaint against the accused persons u/s 22, 23 & 9A r.w.s. 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act (herein after referred to as NDPS Act).
2. Briefly stated, the facts that can be culled out from the assertions made in the complaint and the documents filed therewith are as follows :
(a) On 11.12.2012 at about 0230 hours Sh. Rajesh Kumar, IO received an information from Inspector Tulsi Ram, CISF that three foreign nationals namely Mike Karimazondo, Khumalo Shila and Ncube Ellah who were to depart from IGI Airport for Johannesburg via Abu Dhabi by Ethiad Airlines no. EY 211 are suspected to be carrying huge quantity narcotic drugs in their baggage.
(b) The information was reduced into writing and put up before Sh.
R.K. Singh, Superintendent, NCB and on his instructions a raiding team consisting of Intelligence Officers of NCB namely, Rajesh Kumar, Azad Singh, C.S. Rai and two Sepoys Digamber Singh and Sanjeev Kumar SC No. 05/2013 Page No. 2 of 21 NCB Vs.Mike Karimazondo and ors.
proceeded for the airport from NCB office and reached the terminal 3 of IGI airport at about 0340 hours. On reaching the airport the IO met Sh. Tulsi Ram, Inspector CISF and introduced himself and Tulsi Ram then led the IO to the suspected passengers. On the request of Sh. Rajesh Kumar, Sh. Rakesh Yadav and Sh. D. Bhattacharya, CISF staff officials agreed to witness the proceedings that were to be conducted by the NCB team. On inquiry the suspects revealed their names as Mike Karimazondo, Shila Khumalo and Ncube Ellah.
(c) All the aforementioned persons were then served with notices u/s 50 NDPS Act and were made to understand that they have a legal right to be searched before a Magistrate or a Gazetted Officer but all the accused persons refused to exercise the said right and informed that any NCB officer/lady officer could conduct their search. Thereafter, IO Rajesh Kumar conducted the search of the luggage of accused Mike consisting of one black colour bag and it was found containing 20 ladies handbags of different colours. On minute examination of the handbags it was revealed that something was concealed between the inner layer of cloth and outer layer of raxin of the said handbags and on cutting open the inner cloth of each of the handbags, khaki colour envelopes having white crystalline substance were recovered from therein. The white substance on being tested with the help of Field Testing Kit gave positive result for SC No. 05/2013 Page No. 3 of 21 NCB Vs.Mike Karimazondo and ors.
methaqualone, (a psychotropic substance). All the substance from the envelopes was collected in three transparent polythenes and mixed properly and on weighing its weight came out to be 25.5 kg. Two samples of 25 grams each were drawn out from the recovered substance and were put in separate pouches and were then placed inside separate paper envelopes. The samples were given marks A1 and A2 and the remaining substance was converted into a parcel and kept in the same polo black colour bag and given mark A. The remaining ladies handbags and other packing material were converted into cloth parcel and was given mark A2
(d) Thereafter, IO conducted the search of the luggage of accused Ncube Ellah consisting of one cardboard box and one red coloured traveller bag. The cardboard box was found containing four ladies handbags and the red traveller bag was found containing 13 ladies handbags. The said handbags were also similarly cut open and they were also found concealing a white crystalline substance in khaki coloured envelopes, which on being tested with the help of Field Testing Kit gave positive result for pseudoephedrine. All the substance from the envelopes recovered from the red coloured bag was collected separately and mixed properly and on weighing its weight came out to be 19.400 kg. Two samples of 25 grams each were drawn out from the recovered SC No. 05/2013 Page No. 4 of 21 NCB Vs.Mike Karimazondo and ors.
substance and were put in separate pouches and were then placed inside separate paper envelopes. The samples were given marks B1 and B2 and the remaining substance was converted into a parcel and kept in the same bag and given mark B. The remaining ladies handbags and other packing material were converted into cloth parcel and was given mark B2. Thereafter all the substance from the envelopes recovered from the cardboard box was collected separately and mixed properly and on weighing its weight came out to be 5.950 kg. Two samples of 25 grams each were drawn out from the recovered substance and were put in separate pouches and were then placed inside separate paper envelopes. The samples were given marks C1 and C2 and the remaining substance was converted into a parcel and kept in the same cardboard box and given mark C.
(e) Thereafter, IO conducted the search of the luggage of accused Khumalo Shila consisting of one cardboard box and one purple coloured traveller bag. The cardboard box was found containing four ladies handbags and the purple traveller bag was found containing 13 ladies handbags. The said handbags were also similarly cut open and they were also found concealing a white crystalline substance in khaki coloured envelopes, which on being tested with the help of Field Testing Kit gave positive result for pseudoephedrine. All the substance from the SC No. 05/2013 Page No. 5 of 21 NCB Vs.Mike Karimazondo and ors.
envelopes recovered from the purple coloured bag was collected separately and mixed properly and on weighing its weight came out to be 19.400 kg. Two samples of 25 grams each were drawn out from the recovered substance and were put in separate pouches and were then placed inside separate paper envelopes. The samples were given marks D1 and D2 and the remaining substance was converted into a parcel and kept in the same bag and given mark D. The remaining ladies handbags and other packing material were converted into cloth parcel and was given mark D2. Thereafter all the substance from the envelopes recovered from the cardboard box was collected separately and mixed properly and on weighing its weight came out to be 5.950 kg. Two samples of 25 grams each were drawn out from the recovered substance and were put in separate pouches and were then placed inside separate paper envelopes. The samples were given marks E1 and E2 and the remaining substance was converted into a parcel and kept in the same cardboard box and given mark E.
(f) The contraband substance along with other items were properly seized and sealed. The test memo was also prepared in triplicate. Panchnama was prepared.
(g) Accused persons were served with summons u/s 67 NDPS Act and directed to appear in the NCB office on 11.12.2012 to tender their SC No. 05/2013 Page No. 6 of 21 NCB Vs.Mike Karimazondo and ors.
statements and in pursuance of the same they tendered their voluntary statements in the office of the NCB. The statement of various witnesses u/s 67 of the NDPS Act were also later on recorded during investigation.
(h) Since the accused persons appeared to have committed offences punishable under Section 22, 23, 25A & 29 of the NDPS Act, they were arrested on 11.12.2012 and were thereafter got medically examined.
(i) Reports of arrest and seizure under Section 57 of the NDPS Act were submitted by the seizing and arresting officers Sh. Rajesh Kumar, Pradeep Singh, Vishwanath Tiwari and Harkesh to Sh. R.K. Singh, Superintendent and the intimation of the arrest of the accused persons were also conveyed to the Ministry of External Affairs.
(j) The case property along with samples and test memo was deposited with the Malkhana Incharge and on 11.12.2012 the samples along with test memos were sent to the CRCL, New Delhi for testing and after receiving the report from CRCL that all the samples gave positive test for pseudoephedrine hydrochloride, the present complaint was filed.
3. On the basis of the material on record vide order dated 15.04.2013 charges were framed against all the accused persons for having made an attempt to export pseudoephedrine hydrochloride outside India and thus for having committed an offence punishable under Section 25A of the NDPS Act. It will be relevant to mention herein that though as per the field testing SC No. 05/2013 Page No. 7 of 21 NCB Vs.Mike Karimazondo and ors.
kit the substance recovered from the luggage of accused Mike had tested positive for methaqualone, a psychotropic substance, on being tested by the CRCL the sample of the said substance had not given positive result for methaqualone but had given positive result for pseudoephedrine hydrochloride and it is for this reason that even against accused Mike the charges were framed for having committed the offence punishable u/s 25A of the NDPS Act and not u/s 22 and 23 of the NDPS Act. Further since the material on record did not suggest that the accused Mike had acted in conspiracy with accused Ellah Ncube and Shila Khumal, no charges for the offence punishable u/s 29 NDPS Act were framed against him. As regards accused Ellah and Shila, since their statements u/s 67 NDPS Act revealed that they were in conspiracy with each other, charges u/s 29 NDPS Act were framed against them. All the accused persons pleaded not guilty to the charges framed against them and claimed trial.
4.The prosecution in order to prove its case has examined 17 witnesses.
5.PW1 Sh. Rajesh Kumar, PW2 Sh. C.S. Rai, PW15 Sh. Azad Singh being members of the raiding team have more or less, in their examination in chief, deposed on similar lines. The secret information deposed to have been received by PW1 Sh. Rajesh Kumar has been exhibited as Ex.PW1/A. The legal notices under Section 50 of the NDPS Act stated to have been issued to the accused by PW1, PW2 and PW15 have been exhibited as SC No. 05/2013 Page No. 8 of 21 NCB Vs.Mike Karimazondo and ors.
Ex.PW1/C, ExPW2/A and ExPW15/A. The panchnama deposed to have been prepared by PW1 has been exhibited as Ex.PW1/D. The air tickets of accused persons, their boarding passes and baggage tags seized from them have been exhibited as Ex.PW1/E1 to ExPW1/E3. The copy of the test memo has been exhibited as Ex.PW1/I. The summons given to accused persons u/s 67 NDPS Act have been exhibited as Ex.PW1/F, ExPW2/B and ExPW15/B. Various summons issued by IOs to the persons called for inquiry and who tendered their statements u/s 67 of NDPS Act have also been duly exhibited. Seizure reports submitted to the Superintendent have also been duly proved during trial. The case property and the samples were also duly produced before the court and were duly exhibited.
6.PW3 Sh. R.K. Singh, Superintendent has deposed that on 11/12/2012, he was posted as Superintendent NCB and on the said day, he had been shown a secret information Ex.PW1/A and he had issued search authorisation and a departmental seal of Narcotics Control Bureau DZU 1 to IO Rajesh Kumar at about 0300 hours and that entry to this effect was made by him in the seal movement register. According to this witness, the said seal was returned to him by IO Rajesh Kumar at 0920 hours on the same day and that a corresponding entry with respect to the same was again made by him in the seal movement register. The relevant page of the seal movement register containing the said entries has been exhibited as SC No. 05/2013 Page No. 9 of 21 NCB Vs.Mike Karimazondo and ors.
Ex.PW3/A. This witness has further deposed that on the same day, he had forwarded the samples and test memo to CRCL and that he had sent also a letter to Ministry of External Affairs regarding arrest of accused persons. Same has been exhibited as Ex.PW3/F. The forwarding letter has also been duly proved by this witness as Ex.PW3/B.
7.PW4 Sh. Vishwanath Tiwari has deposed that in pursuance to the summons issued by PW1, accused Mike had appeared before him and had tendered his statement Ex.PW4/A. The arrest memo and jamatalashi memo of accused Mike have been exhibited as ExPW4/B and ExPW4/C respectively. PW4 has also deposed that he had submitted arrest report of accused Mike u/s 57 NDPS Act and the same has been exhibited as Ex.PW3/D.
8.PW5 Sh. Harkesh has deposed that in pursuance to the summons issued by PW15, accused Shila had appeared before him and had tendered her statement Ex.PW5/A in the presence of PW6 Ms. Mehak Jain. The arrest memo and jamatalashi memo of accused Shila have been exhibited as ExPW5/B and ExPW5/C respectively. PW4 has also deposed that he had submitted arrest report of accused Shila u/s 57 NDPS Act and the same has been exhibited as Ex.PW3/E.
9.PW7 Inspector Tulsi Ram, CISF, IGI Airport, has inter alia deposed that on 1011 December, 2012 he was on duty at terminal no. 3, IGI Airport, SC No. 05/2013 Page No. 10 of 21 NCB Vs.Mike Karimazondo and ors.
New Delhi. This witness has further deposed that he had received information on telephone by duty personnel at IGI airport that one male passenger named Mike Karimazondo was carrying some suspected contraband in his baggage. He has further deposed that he immediately reached there and had checked the baggage of the accused on the xray machine and observed some suspected articles in the baggage of accused. According to this witness, he then informed his seniors and on their instructions informed Sh. Rajesh Kumar, IO NCB on his telephone. He has also deposed that in pursuance of the summons served upon him he had tendered his statement Ex.PW1/Q.
10.PW8 Sh. Rakesh Yadav and PW11 Sh. D. Bhattacharya, the CISF officials present in the airport have deposed about the recovery proceedings, witnessed by them and have identified their signatures on the Section 50 notice, on the panchnama and on the paper slips which had been affixed on the samples and the case property.
11.PW9 Dr. Mahesh Kumar Chemical Examiner has proved the chemical analysis report with respect to the samples deposited with the CRCL and the same has been exhibited as Ex.PW9/A. As per his deposition, the samples in question were examined by Sh. Ajay Sharma, Asst. Chemical Examiner under his supervision and had tested positive for pseudoephedrine hydrochloride. PW12 Sh. V.P. Bahuguna, Chemical Examiner has merely SC No. 05/2013 Page No. 11 of 21 NCB Vs.Mike Karimazondo and ors.
deposed that samples were first handed over to him at CRCL by the NCB official and that he had issued a receipt ExPW1/A in this regard.
12.PW10 Sh. S.K. Sharma, IO has inter alia deposed that on 11/12/2012 he was working as Intelligence Officer Malkhana Incharge in NCB, DZU, R.K. Puram and that in the present case, the entire case property, test memo in triplicate were deposited with him in the Malkhana and he had made an entry to this effect in the Malkhana register. He has also deposed that samples mark A1 to mark E1 were sent to CRCL and that the remnant sample along with test report were deposited back with him in the Malkhana on 13/2/2013. According to this witness he had made relevant entries in the register. The relevant page of the malkhana register containing the said entries has been exhibited as Ex.PW10/A.
13.PW13 Lady Ct. Oninam Mangolngani Devi, CISF witness has inter alia deposed that on 11.12.2012 she was posted at departure gate no . 5 at IGI airport, terminal 3 and on that day at about 0340 hours she was called to search two lady passengers. According to the deposition of this witness she had taken the personal search of both the lady accused in this case and nothing incriminating was found from their person. She has also deposed that in pursuance of the summons served upon her she had tendered her statement Ex.PW1/S. SC No. 05/2013 Page No. 12 of 21 NCB Vs.Mike Karimazondo and ors.
14.PW14 Sh. Pradeep Singh has deposed that in pursuance to the summons issued by PW2, accused Ellah had appeared before him and had tendered her statement Ex.PW14/A in the presence of PW6 Ms. Mehak Jain. The arrest memo and jamatalashi memo of accused Ellah have been exhibited as ExPW14/B and ExPW14/C respectively. PW14 has also deposed that he had submitted arrest report of accused Ellah u/s 57 NDPS Act and the same has been exhibited as Ex.PW3/C.
15.PW16 Sanjeev Kumar, Sepoy has interalia deposed that on 11.12.2012 he had carried the sample packets to the CRCL on the instructions of Sh. R.K. Singh, Superintendent, NCB. The acknowledgment issued in his name by CRCL has been exhibited as Ex.PW12/A.
16.PW17 Dr. Kamran Faisal, Medical officer has deposed that MLCs of all the accused persons were prepared by the Junior residents Dr. Rahul Vaish and Dr. Hilal Ahmed in his presence. The MLCs have been exhibited as ExPW17/A, ExPW17/B and ExPW1/W.
17. The entire incriminating evidence discussed herein above was put to the accused persons on 19/4/2014, the date fixed for recording of the statement of the accused persons u/s 313 CrPC. On the said date during the recording of the statement of the accused persons, all the accused persons admitted before this Court that they were apprehended in the manner deposed by the NCB officials and that the search and seizure proceedings SC No. 05/2013 Page No. 13 of 21 NCB Vs.Mike Karimazondo and ors.
had also taken place at the airport, in the manner deposed by the NCB witnesses. The accused Mike in his statement u/s 313 CrPC has stated before this Court that before his apprehension in this case he was a truck driver, settled in South Africa along with his daughter and his wife. According to the statement tendered by this accused he was not earning enough money to support his wife and child and that when one person named Emeka met him in South Africa and told him that he will pay him $ 2000 and all that he will have to do is to collect some chemical powder from a person in India and get it back to South Africa, he immediately agreed to the same. As per the statement tendered by this accused, on the instructions of the said person Emeka, he had come to India and had met one Antony who had delivered the 20 ladies bags from which the contraband had been recovered. He has further stated before this Court that he had no knowledge that pseudoephedrine hydrochloride was concealed in the bags given to him and that he only knew that the bags contains a chemical powder but had not idea about its exact nature. He has further stated that he did not at all know the two coaccused ladies and that he came to know them only after his apprehension in this case.
18. Accused Ellah in her statement tendered u/s 313 CrPC has stated that she is a native of Zimbabwe and was in the business of selling ladies garments and used to own a small shop in the Flee Market in Zimbabwe SC No. 05/2013 Page No. 14 of 21 NCB Vs.Mike Karimazondo and ors.
before her apprehension in this case. She has further informed this Court that she has four children and though her husband is employed in army, they were not earning enough money to raise their children as the economy in Zimbabwe is not very good. She has further narrated before this Court that somebody told her that shoes and bags are cheap in India and therefore she decided to come to India to purchase the same so that she could sell them at a profit in Zimbabwe. She has further stated that on the flight she had met her coaccused Shila and it is accused Shila who had introduced her to one person Stanley in Delhi and the said person promised her that she would be paid $ 2000 if she transports some powder in her luggage to South Africa. According to this accused, since her financial condition was not very good, she agreed to the proposal of Stanley and it is he who had handed over the ladies bags to her from which the powder was recovered. This accused has also similarly stated that she had no knowledge that pseudoephedrine hydrochloride had been concealed in the bags given to her and that she only knew that the bags contains a powder. She has further informed this court that she did not know her coaccused Mike in this case at all before her apprehension.
19. Accused Shila in her statement tendered u/s 313 CrPC has stated before this Court that she is a divorcee and has a son of 19 years and that she is settled in South Africa and was in the business of selling fruits before SC No. 05/2013 Page No. 15 of 21 NCB Vs.Mike Karimazondo and ors.
her apprehension in this case. This accused has also narrated before this Court that she was not earning well from this business and therefore when one person met her in South Africa and told her that he would pay her $ 2000 if she would agree to bring some powder from India to South Africa, she immediately agreed. She has further stated that on the instructions of the said person she came to India and met one Stanley who delivered her the bags from which the contraband was recovered by the officers of the NCB. She has further informed this court it is she who had introduced her co accused Ellah to Stanley. This accused has also taken a similar stand before this Court namely that though she knew that the bags being carried by her contains a powder, she had no idea of its nature.
20. After the accused persons had narrated the aforementioned facts to this Court in their statements tendered u/s 313 CrPC, Ld. Counsel Ms. Renu Bansal for the SPP for NCB had prayed that this court must immediately hold the accused persons guilty of the offences that they had been charged with. Ld. Defence Counsel Sh. T.K. Mahapatra and Legal Aid Counsel Sh. Arvind Kumar, on the other hand, had submitted before this Court on 19/4/2014 that all that the accused persons have admitted in their statements u/s 313 CrPC is the fact that they were apprehended in the manner deposed by the NCB witnesses and that the recovery and seizure proceedings had taken place in the manner deposed by the NCB witnesses. Their contention SC No. 05/2013 Page No. 16 of 21 NCB Vs.Mike Karimazondo and ors.
is that the accused persons have never admitted that they had the knowledge that they were exporting psuedoephedrine hydrochloride outside India. According to the Ld. Defence Counsels that the accused persons did not have the mensrea to export pseudoephedrine hydrochloride outside India as they did not have the knowledge that the powder being carried by them was pseudoephedrine hydrochloride. Their contention therefore is that the accused persons cannot be held guilty of the offences that they have been charged with.
21.In the considered opinion of this court the contention being forwarded by the Ld. Defence Counsels cannot be accepted in the facts of the present case. In the present case the accused persons have faced trial for having made an attempt to export pseudoephedrine hydrochloride in contravention of the orders issued by the Central Government u/s 9A of the NDPS Act. Section 9 A of the NDPS Act gives the Central Government the power to issue orders to control and regulate controlled substances and Section 25 A of the Act provides the punishment for contravention of the orders issued u/s 9A of the NDPS Act. In exercise of the said powers, the Central Govt. has issued the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substance ) Order, 1993 to regulate the manufacture, distribution, sale, import, export or consumption of any controlled substance. Further vide notification no. SO 1296 (E) dated 28/12/1999 , the SC No. 05/2013 Page No. 17 of 21 NCB Vs.Mike Karimazondo and ors.
Central Govt. had declared pseudoephedrine and its salts as a controlled substance and therefore it is clear that no person can export pseudoephedrine hydrochloride outside India in contravention of the provisions of the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substance ) Order, 1993.
22. As narrated herein above in support of its case, the prosecution has examined 17 witnesses in all. The members of the raiding team PW1 Sh. Rajesh Kumar, PW2 Sh C.S. Rai and PW15 Sh. Azad Singh have described the search and seizure proceedings that took place at the airport, in detail. The panch witnesses PW8 Rakesh Yadav and PW11 D. Bhattacharya have also supported the said version of the NCB officials. Infact as stated herein above the accused persons in their statements u/s 313 CrPC have not at all questioned the search and seizure proceedings. The fact that after seizure, the case property was produced before the officer empowered u/s 53 of the NDPS Act, in compliance of provisions of Section 52 and 55 of the NDPS Act has been proved by PW10 S.K. Sharma. The deposition of PW16 Sanjeev Kumar makes it clear that samples drawn out from the recovered substance in the proper custody were taken to CRCL for examination. PW9 Dr. Mahesh Kumar, Chemical Examiner has proved that the samples examined by him had tested positive for pseudoephedrine hydrochloride. SC No. 05/2013 Page No. 18 of 21 NCB Vs.Mike Karimazondo and ors.
Nothing has emerged in the cross examination of the aforementioned witnesses which casts doubt on the veracity of their statements.
23. Section 54 of the NDPS Act makes it clear that in trials under this Act, it may be presumed, unless and until the contrary is proved that the accused has committed an offence under this Act in respect of substances, for the possession of which he fails to account satisfactorily. Now in the present case the prosecution has led sufficient evidence to show that the accused persons were found in possession of pseudoephedrine hydrochloride and that the same were being carried in their luggage. As stated herein above the fact of possession is not even denied by the accused persons. It also cannot be stated that the accused persons were not in conscious possession of the same for it is clear in the statements tendered by them u/s 313 CrPC that they had the control and custody of the bags in which the powder was being transported. In such view of the matter it was upon the accused persons to have proved that they had not committed an offence of attempting to export pseudoephedrine hydrochloride outside India. The mere statement of accused persons that they did not have the knowledge about the nature of the substance being carried by them, in the considered opinion of this court is not sufficient to hold that they had no intention to commit the offence with which they have been charged with. On the contrary, their statements u/s 313 CrPC show that the they were aware that powder being transported SC No. 05/2013 Page No. 19 of 21 NCB Vs.Mike Karimazondo and ors.
and concealed in the bags handed over to them was being illegally exported outside India and they had agreed to export the said powder knowingly and had received $ 2000 each for the said illegal act. As narrated herein above in the said statements all the accused persons have stated before this Court that they were to be paid $ 2000 each for transporting the bags containing a powder from India to South Africa. The fact that the accused persons have taken a defence that they did not have the knowledge that the powder being exported by them was pseudoephedrine hydrochloride and that the export of the same is banned outside India is no defence. The fact that they knew that they were transporting some substance outside India illegally for consideration shows their state of mind and therefore it can be inferred that they had an intention of exporting some substance outside India illegally. Now the nature of the substance recovered from them has been proved to be pseudoephedrine hydrochloride by the CRCL expert who has analysed the said powder. The report of the expert is not at all under question. Thus in the considered opinion of this Court the accused persons have been unable to rebut the presumption raised against them by virtue of Section 54 of the NDPS Act.
24. In view of the discussion herein above this court is of the considered opinion that the prosecution has been able to prove beyond reasonable doubt that all the accused persons had made an attempt to export outside India, SC No. 05/2013 Page No. 20 of 21 NCB Vs.Mike Karimazondo and ors.
pseudoephedrine hydrochloride, a controlled substance, in contravention of the orders issued by the Central Govt. u/s 9A of the NDPS Act. Thus all the accused are hereby held guilty of the offence punishable u/s 25A of the NDPS Act. Further the material on record also makes it clear that accused Ellah Ncube and Shila Khumalo had conspired to commit the offence punishable u/s 25A of the NDPS Act and therefore they are also held guilty of the offence punishable u/s 29 of the NDPS Act.
Announced in the open court
on this 23rd day of April, 2014 (Anu Grover Baliga)
Special Judge, NDPS
New Delhi
SC No. 05/2013 Page No. 21 of 21