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2016 (3) TMI 940 - HC - CustomsSeeking modification of sentence order - Seizure of 116 packets of Ganja weighing 432.900 kilograms - Appellant convicted under Section 20(b) of the N.D.P.S. Act - Held that - it is to be clarified that the appellant is to be convicted under Section 20(ii) (C) N.D.P.S. Act rather under Section 20(b) of the N.D.P.S. Act. The charge was framed saying that the appellant was found in illegal possession of 432.900 kilograms of contraband Ganja which he was carrying by a Truck which shows that he knew fully well that he was to answer the charge of carrying Ganja of commercial quantity and hence no prejudice would be caused to him if his conviction is converted to one under Section 20(ii) (C) N.D.P.S. Act while maintaining his sentence. - Decided against the appellant
Issues: Conviction under Section 20(b) of the N.D.P.S. Act, Evidence of possession and recovery of contraband Ganja, Conversion of conviction to Section 20(ii) (C) N.D.P.S. Act
Conviction under Section 20(b) of the N.D.P.S. Act: The appellant was convicted under Section 20(b) of the N.D.P.S. Act and sentenced to rigorous imprisonment for 15 years and a fine of Rs. 2,00,000. The judgment was based on the prosecution's case that the appellant was arrested from a truck where 116 packets of Ganja were recovered from a secret cavity. The evidence presented by various witnesses, including the complainant and customs officials, corroborated the possession of the contraband by the appellant. The court noted a discrepancy in the charge under Section 20(b) instead of Section 20(ii) (C) of the N.D.P.S. Act but concluded that the appellant was aware of the nature of the offense, leading to the maintenance of the conviction under Section 20(ii) (C) N.D.P.S. Act. Evidence of possession and recovery of contraband Ganja: The prosecution's case was supported by witnesses like P.W.1 to P.W.7, who testified to the interception of the truck, the presence of the appellant, the recovery of Ganja from the secret cavity, and the subsequent procedures followed. The witnesses provided detailed accounts of the events, including the weighing of the Ganja, preparation of seizure lists, and testing of samples. The F.S.L. Report confirmed the presence of Ganja in the tested samples, further strengthening the prosecution's case. The court found the evidence conclusive in proving that the appellant was in conscious possession of the contraband, leading to the dismissal of the appeal. Conversion of conviction to Section 20(ii) (C) N.D.P.S. Act: Despite the initial conviction under Section 20(b) of the N.D.P.S. Act, the court acknowledged the charge should have been under Section 20(ii) (C) N.D.P.S. Act. However, considering that the charge clearly indicated the appellant's knowledge of carrying a commercial quantity of Ganja, the court decided to convert the conviction to Section 20(ii) (C) N.D.P.S. Act to ensure no prejudice to the appellant. The court maintained the sentence while making this conversion, ultimately finding no merit in the appeal and dismissing it. This detailed analysis of the judgment highlights the legal aspects, evidentiary support, and the court's decision regarding the conviction and conversion under the N.D.P.S. Act, emphasizing the thorough evaluation of the prosecution's case and the appellant's involvement in the offense.
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