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Bombay High Court upholds sentence of Kenyan held with heroin

Posted by Administrator on December 25, 2011

The Bombay High Court has upheld the 10 years’ rigorous imprisonment given to a Kenyan woman who was caught smuggling heroin at the Mumbai international airport in 2002. In his order, Justice J H Bhatia partly upheld the order of the trial court which had held Agnes Odhoch guilty under the Narcotic Drugs and Psychotropic Substances Act, 1985, as well as abetment and conspiracy. While the High Court upheld the conviction under the NDPS Act, it dropped the charges of abetment and conspiracy.

According to the prosecution, the Narcotics Control Bureau on May 5, 2002, received an intelligence report about two women who were to smuggle substantial amounts of heroin in their baggages or on person. After the information was received, a team of NCB officers apprehended the accused, along with another woman named Josephine Funsani. However, the two cases were subsequently found to be separate and were delinked.

Intelligence officer Kanta Tejwani told the trial court that on her request Agnes removed her belongings from her suitcases. However, they were still found to be unusually heavy, after which more than 5 kg of heroin were recovered from the false bottom of the suitcase. The woman was subsequently held guilty by a special court in 2007.

Justice Bhatia, while upholding the conviction, said, “It is established beyond reasonable doubt that she was found in possession and was also found to have attempted to export heroin from India… I find the prosecution has proved beyond reasonable doubt that the accused committed the offence.”

The judge, however, reduced the sentence to be undergone in default of payment of the fine from one year to six months.

Source: http://www.expressindia.com/latest-news/hc-upholds-sentence-of-kenyan-held-with-heroin/891990/

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