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TMI Blog2001 (12) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... ct ) having been found guilty for the offence under Section 8 read with Section 15 of the Act. Both of them were sentenced to 10 years rigorous imprisonment and a fine of Rs. 1 lakh each. The High Court has, however, allowed the appeal of Amreek Singh. His conviction and sentence of Bahadur Singh having been maintained, he is in appeal before us on grant of special leave. 2. Bahadur Singh was a driver and Amreek Singh a cleaner of a truck. The case of the prosecution is that information had been received that the poppy straw is being carried in the said truck. On search of the truck four polythene bags containing poppy straw weighing 3.900 kgs. was found. After completion of the formalities, the accused were tried which resulted in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10th October, 1997. The Entry above Entry 68-A, is Entry No. 68, dated 15th October, 1997. The Entry after Entry 68-A, is Entry No. 69. That is also dated 15th October, 1997. The concerned police official who made these entries was not examined by the prosecution but was examined as a defence witness. His explanation to the aforesaid entries was that he forgot to make an Entry of the seized material in the Maalkhana register and made the entry later after 15th day . The explanation is far from satisfactory. Assuming he forgot to make the entry, that then cannot be made by interpolation as aforesaid. The entry could be made at its appropriate place under the correct date on which it was actually made and delay in making the entry could be e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al line is there in the space left for the particulars to be filled regarding the seizure. This type of line is usually drawn when there is nothing to be entered. Although, H.C. Gontiya has not proved that who was the person who wrote the concerning document and made entries in the diary as R.N. Sharma PW-5 denied that H.C. Gontiya could not be held guilty for engulfing 27,000/- of the accused. The reasons for this are as follows : 17. First, if one compares the writing in Ex. P-15 carefully, one would find, that the entries regarding the description of amount and currency notes are not written by the same person, who wrote and made rest of the entries in Ex. P-15. Figure (4) of 54 is quite different than in figures (4) of 451/97 on the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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