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TMI Blog2014 (6) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... is part of order needs modification. Payment of fine of Rupees one lakh is maintained. However, at the same time we direct that in case of default of payment of fine, the appellant shall undergo further sentence for one year. - Decided against assessee. - Criminal Appeal No (s). 1107-1108 of 2011 - - - Dated:- 20-5-2014 - B. S. Chauhan And A. K. Sikri,JJ. For the Appellant : Mr. Shantanu Kumar,Adv. Mr. S. S. Handa,Adv. For the Respondent : Mr. Roopansh Purohit,Adv. Mr. Kamal Mohan Gupta,Adv. ORDER These appeals arise out of the judgment of High Court in Criminal Appeal No.1452-SB/2004 dismissing the appeal of the appelants which was preferred against the judgment of the Additional Sessions Judge, Panipal (Special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he gunny bag before a Magistrate or a Gazetted Officer. In reply (Ex:P-2], the alleged aaccused persons opted for a search of the gunny bag in the presence of a Gazetted Officer. Thereupon, the D.S.P., Police Station City Panipat was asked to come at the spot who directed the Inspector to take search of the gunny bag which the accused were carrying. The prosecution examined certain witnesses in support of the prosecution case, material witness being Rajinder Singh, Inspector-SHO. Pratap Singh, D.S.P. and Dharamvir Singh, I.O. The appellants also examined five witnesses as defence witnesses. The case of the appellants was that they were not at the spot when the alleged recovery was made. In fact, they had gone to Delhi to fix the date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1999 (6) SC 172 and other judgments which have followed the Constitution Bench judgment. From the facts of this case, we are in agreement of the aforesaid position taken by the High Court holding that Section 50 of the NDPS Act has no application. Learned counsel for the appellant also argued that there was violation of Section 51 of the NDPS Act. He tried to argue that even if Section 50 is not applicable, in those cases, as per Section 51 of the NDPS Act, the provisions of Code of Criminal Procedure relating to search and seizure are applicable. However, there are no foundational facts for this submission. Learned counsel was candid in accepting that this was not the ground raised by the defence either in the trial court or in the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for the marriage of Rupinder Kaur, the daughter of Pritam Singh appellant. When they were on their way back from Delhi and had got down on the main road at Panipat at about 6.00 P.M. and were taking tea on the road side, meanwhile, they were apprehended. Thus one thing is clear that they have admitted their presence at the place of the recovery. Under the stress of cross-examination, Jarnail Singh DW-1 has testified that I did not accompany the accused to Delhi in any connection. I, remember the date because I had actually gone to Panipat to inquire the matter and I found both the accused in police lock-up at that time. We generally meet with each other being neighbour. This witness being neighbour of the appellant, it was not difficult ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused was on visiting terms with Kulawant Singh. It is in his cross-examination that I have not obtained any sales tax number. Kulwant Singh has also no sales tax number of the shop xx xx xx I am M.C. This evidence can be well interpreted to mean that this witness is putting up in the neighbourhood of Kulwant Singh appellant. For this reason, it was not difficult to procure his services to depose in favour of the appellant. As testified by Darshan Singh DW-5 that My son Bobby was got engaged with the daughter of Pritam Singh accused at the instance of my relation Kulwant Singh accused at village Majra about 3 /4 years back. The engagement ceremony was performed at the house of Pritam Singh accused in village Majri and that function was a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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