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Judgment
Joymalya Bagchi, J
The appeal was admitted against judgement and order of conviction and sentence for the offence punishable under Section 21(c) of the NDPS ActÂ
and the appellant was directed to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1 Lac, in default to suffer rigorous imprisonment
for six months more.
The appellant appears to have served out the sentence imposed upon him.
From the evidence on record it appears that three blackish slabs were recovered from the cavity of the shoes of the appellant at the time of search by
the customs authorities when he was about to travel to Bangkok by Thai Airways International flight no. TG 314. Upon chemical analysis, it was
found that the seized slabs contained hashish.
The evidence on record unequivocally shows that the incriminating article, which was found to be hashish, was recovered from the cavity of the shoes
of the appellant. The Trial Judge has rightly held that recovery from the cavity of the shoes of the appellant does not amount to “search of
person†attracting the provisions of Section 50 of the NDPS Act.
The conviction and sentence of the appellant are, accordingly, upheld.
The appeal is dismissed.
Period of detention suffered by appellant during investigation, enquiry or trial shall be set off against the substantive sentence imposed upon him under
Section 428 of the Code of Criminal Procedure.
Copy of the judgment be sent down to the trial court at once.
I agree,