Rosie Diamon was arrested on February 13, 2022, following a tip-off. The Air Intelligence Unit had received information the day before her arrest, indicating that a passenger would be arriving with narcotics substances. As a result, the unit kept a watch on the passengers, leading to Diamon’s apprehension.
The unit officers recognized Diamon based on her passport and observed that she was carrying both a trolley bag and a handbag. Upon inspecting the trolley bag, they discovered files and folders containing 8.486 kg of yellowish-colored powder granules and white crystals.
Special judge AV Kharkar, while convicting Diamon, stated, “On going through the evidence in its entirety, it precipitates that the accused was found in possession of a commercial quantity of contraband methamphetamine and heroin. The evidence of the prosecution witness is trustworthy and reliable.”
In her written argument, the accused, Diamon, claimed that her cousin who was part of a Zimbabwean gang, had deceived her for money by giving her a bag to carry to India, without disclosing its contents, wherein the contraband was found.
Diamon emphasised her unawareness of the bag’s contents and highlighted her impoverished background, stating that her children depended on her.
However, the court noted that Diamon did not deny that the contraband was recovered from the bag nor that the bag was in her possession.
The court stated, “Rather, in her written arguments, she has submitted that the bag was handed over to her by her cousin, who is involved with a gang. In such a case, the court will have to presume that the accused was carrying the contraband and that her possession was conscious.”
Rosie Diamon was convicted of committing an offence punishable under section 8(c) and 21(c) of the NDPS (Narcotic Drugs and Psychotropic Substances) Act. Section 8(c) prohibits the production, manufacture, possession, sale, purchase, transportation, warehousing, use, consumption, import, export, or transhipment of any narcotic drug or psychotropic substance. Section 21(c) specifies the punishment for contravention in relation to manufactured drugs and preparations under the NDPS Act.