Southern States - Tamil Nadu   

15 years RI for Sri Lankan national

By A. Subramani

CHENNAI DEC. 5. A Sri Lankan national, nabbed at the Chennai airport in 1989 with 500 grams of heroin, was sentenced to 15 years RI and Rs. 1 lakh fine by the Designated Special Court under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Rekha Parameswari was arrested at the airport when she attempted to travel to Colombo from Chennai on a forged Sri Lankan passport showing her name as Gnanambikai Muthiah. She was booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Customs Act. After obtaining bail, she went underground, only to be re-arrested in New Delhi on September 22, 2000.

Interestingly, claiming herself as one Sasirekha, she contested the re-arrest on the ground that it was a case of mistaken identity. Her counsel contended that the arrest had not been made by a competent officer (not below the rank of a DSP as per the NDPS Act) and that the witness deposition of police officials should not be taken into account. The Special Judge for NDPS cases, K. Nazir Ahamed, concurred with the submissions of the Special Public Prosecutor, P.N. Prakash, when he ruled, "the testimony of a witness is not to be discarded merely on the ground that the witnesses happen to be officials.''

Pointing out that the search and seizure of heroin had been done at the airport, which was a public place, the Judge said Section 42 of the NDPS Act, which dealt with the empowered officer's power to enter premises for search, would not be applicable in the present case. Since the seizure has been effected in a public place, the question of non-compliance, if any, is wholly irrelevant, he added.

After awarding 15 years RI under the NDPS Act, the Judge sentenced Sasirekha to undergo another 2 years for offences under the provisions of Customs Act. The sentences, however, would run concurrently. In case of her failure to pay Rs. 1 lakh fine, she would have to suffer another two-year prison term, he stipulated.

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