It took 5 years to justice; HC rules Daisy was erroneously sentenced to 10 yrs’ RI

http://www.dnaindia.com/report.asp?NewsID=1089244
Mayura Janwalkar Friday, April 06, 2007 01:37 IST


After nearly five years of “living nightmare”, dawn is breaking in Daisy Angus’ life. The 26-year-old French-born British citizen was arrested by the Air Intelligence Bureau on November 21, 2002, when she was travelling to Berlin with Israeli friend Yoram Kadesh. Ten kilogram hashish had been found in one of the bags she was carrying at the airport. Daisy pleaded that the bag belonged to Kadesh, but the latter denied her claim.
In June 2006, a Sessions Court convicted Daisy under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1995, and sentenced her to 10 years’ rigorous imprisonment. Ever since her arrest by the Air Intelligence Bureau, she had been languishing at Byculla jail.
On Thursday, Daisy got a fresh lease of life. Hearing her appeal against the conviction, Bombay High Court observed that Kadesh had a narcotic history. His KLM North-West Airline ticket to Berlin had two baggage tags attached to it, one of which was found in Daisy’s possession. During interrogation at the airport it was found that Daisy not aware of the bag’s contents. The court, therefore, acquitted her of the charges and observed that it was more likely that Kadesh actually possessed the drugs.
Daisy’s mother Nadine, sitting in the last row of Courtroom 53, broke down as Justice JH Bhatia pronounced her acquittal. “After nearly five years of litigation, we have finally got justice,” said Nadine, overwhelmed with emotion.
Daisy, a diploma holder in Sports Therapy, met Kandesh on the Net, and the two decided to meet in Mumbai. Arriving in the city, they spent a night at Hotel Causeway in Colaba.
Daisy’s advocate, Ayaz Khan said, “Kadesh enticed her by offering to pay for her ticket and asked her to carry his bag in return.” When Daisy first saw the hashish slabs in his possession, she did inquire about them, but was told that they were Indian incense sticks. When the two were arrested in November 2002, Kadesh denied that it was his bag.
Senior counsel Mahesh Jethmalani argued in the high court that it was the prosecution’s case to find out Kadesh, whose whereabouts were unknown ever since his acquittal by the Sessions Court. Kadesh and his brother dealt with narcotics from a shop named Horbit in Goa and another shop in Manali. Also the baggage tag of the blue Delsey suitcase, in which the contraband was found, was affixed to the ticket of Kandesh.
Case history
Daisy Angus was arrested by the Air Intelligence Bureau on November 21, 2002, when she was travelling to Berlin with Israeli friend Yoram Kadesh
Ten kilogram hashish had been found in one of the bags she was carrying
Daisy pleaded that the bag actually belonged to Kadesh, but the latter denied her claim.
In June 2006, a Sessions Court convicted Daisy under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1995, and sentenced her to 10 years’ RI
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