9911796707
TMI Blog1999 (10) TMI 717X X X X Extracts X X X X X X X X Extracts X X X X ..... for committing the offence punishable under Section 20(b)(ii) of the N.D.P.S. Act. The trial court convicted both the accused and imposed a sentence of 15 years and ordered them to pay a fine of Rs. 2 lakhs each. The appellants then filed two separate appeals before the High Court. Their conviction was confirmed but the sentence was reduced to 10 years and the fine was reduced from Rs. 2 lakhs to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Thus this is not a case where the offending article was taken out by accused from the place of concealment after leading the police to that place and that the police did not know about it earlier. The coconut tree from whose stem charas was found admittedly standing on an open space accessible to all. It is, therefore, difficult to uphold the finding of the courts below that it was the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated in his evidence that he had asked the appellant whether he would like to be searched before a Magistrate or a Gazetted Officer. He has also stated that the appellant had declined to be searched in presence of a Magistrate or a Gazetted Officer. He has also stated that the appellant had declined to be searched in presence of a Magistrate or a Gazetted Officer and, therefore, he had searched ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. 4. Learned counsel also wanted to draw our attention to some irregularities committed in following the procedure with respect to safe custody of the charas seized from the appellant and in other respects. The said irregularities are not of such a nature as would vitiate the trial or the conviction of the appellant. His conviction, therefore, will have to be confirmed. 5. Accordingly, Crim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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