HC reverses conviction of Briton
The customs apprehended her and another person, Yovam Kadesh, an Israeli, for allegedly possessing 10 kilograms of hashish, reports Urvi Jappi.Updated: Apr 05, 2007, 20:44 IST
A Briton was acquitted by the Bombay High Court on Thursday while reversing the judgment of the sessions court which convicted her to rigourous imprisonment for 10 years with a fine of Rs 1 lakh.
On November 21, 2002 Daisy Angus was traveling to Berlin from Mumbai when the customs apprehended her and another person, Yovam Kadesh, an Israeli, for allegedly possessing 10 kilograms of hashish.
Angus, a fitness expert for senior citizens, had met Kadesh over the internet in 1999. However, the two met few days before their arrest in Delhi. Angus was en route to Australia from Mumbai. However, Kadesh proposed to sponsor her tickets to Berlin and from there to Australia claiming that he had excess baggage and the two could share the baggage.
Angus’ baggage was robbed in Delhi after which she did not have anything on her except some money and hence accepted the proposal, said her lawyer Ayaz Khan.
On that day two bags were checked-in – blue colour Delsey suitcase and blue colour Polo USA Trolley Bag. On checking, the customs official found seven pieces/ slabs of hashish weighing 10 kilograms in the blue Delsey Suitcase which was seized and both Angus and Kadesh were arrested.
The sessions court acquitted Kadesh, but convicted Angus on June 21, 2006. She approached the HC challenging her conviction.
Her counsel Mahesh Jethmalani argued that the blue Delsey suitcase was in possession of Kadesh and he even owned the bag. Kadesh had lent the bag to Amgus as her bag had torn. Even the witnesses examined in the sessions court had said that Angus had only one shoulder bag and one hand bad made of cloth.
Besides, the prosecution had argued in sessions court that Kadesh and his brother were in drug trafficking having shops at Goa and Manali. Appeal against his acquittal is pending in the HC.