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Issues Involved:
1. Legality and validity of the conviction under sections 20(B) and 29 read with section 8[C] of the NDPS Act. 2. Adequacy of the sentence imposed by the trial court. 3. Compliance with mandatory provisions of the NDPS Act regarding search, seizure, and procedural requirements. 4. Reliability of the confessional statement under section 67 of the NDPS Act. 5. Procedural propriety in framing charges and conducting the trial. Detailed Analysis: Legality and Validity of the Conviction: The appellant challenged the conviction on several grounds, including the lack of direct evidence connecting him to the contraband and the reliance solely on his confessional statement under section 67 of the NDPS Act. It was argued that no contraband was seized from his possession, and the prosecution failed to arrest other involved individuals or investigate the accused's claims. The court noted that the confessional statement was never retracted and contained personal information only the accused could provide. The court upheld the conviction, stating that the confessional statement was sufficient to establish the accused's involvement. Adequacy of the Sentence: The State appealed for an enhancement of the sentence, arguing that the large quantity of Charas seized warranted a harsher penalty. The trial court had imposed the minimum sentence of 10 years RI and a fine of Rs. 1 lakh. The court found that the trial judge had exercised discretion appropriately, considering the circumstances and the statutory requirements. The sentence was deemed neither too lenient nor too harsh, and the appeal for enhancement was dismissed. Compliance with Mandatory Provisions: The appellant contended that the mandatory provisions of the NDPS Act regarding search, seizure, and procedural requirements were not complied with. Specifically, it was argued that the information received was not properly documented, and the seizure process was flawed. The court found that the NCB officers had complied with the statutory requirements, including forwarding the secret information to the superior officer within the stipulated time. The court also noted that the procedural steps taken at the NCB office due to darkness at the seizure site were justified. Reliability of the Confessional Statement: The court extensively discussed the admissibility and reliability of the confessional statement recorded under section 67 of the NDPS Act. Citing the case of Kanhaiyalal v/s. Union of India, the court held that such statements could be treated as confessional statements and relied upon for conviction. The court found no evidence of coercion, threat, or inducement in recording the statement, and thus, it was deemed voluntary and reliable. Procedural Propriety in Framing Charges: The appellant argued that the trial court did not follow proper procedure in framing charges, as it did not record pre-charge evidence. The court noted that the trial judge had passed a detailed order rejecting this contention and that the order had attained finality as it was not challenged. The court found no procedural irregularity that adversely affected the accused's defense. Conclusion: The High Court dismissed both the appeals, upholding the conviction and the sentence imposed by the trial court. The court found that the prosecution had proven its case beyond reasonable doubt, and the trial judge had exercised discretion appropriately in sentencing. The procedural and statutory requirements under the NDPS Act were deemed to have been complied with, and the confessional statement was found to be voluntary and reliable.
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