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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 ..... d sentencing them to under rigorous imprisonment for 10 years and fine of Rupees One lakh each. As per the case of the prosecution on 22.8.1999, Rajinder Singh, [Inspector-SHO of PS: City Panipat] alongwith ASI Dharamvir Singh, Head Constable Rajender Singh, Constahble Brij Pal, constable Om Prakash and Constable Raj Singh was present near the outer gate of Bus stand, Panipat in connection with investigation of a Criminal Case, when constable Shyam Lal & Sewa Singh also joined them and after some time two persons carrying a gunny bag were seen coming from inside the Bus Stand. On seeing the police party ahead, they got confused and started walking with fast steps after taking a reverse turn. Feeling suspicious, the Inspector apprehen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d at Panipat at about 6.00 PM and were taking tea on the road side, they were apprehended at that time and the aforesaid narcotic substance was planted on them. After critical examination of the prosecution as well as defence witnesses, the trial court believed the prosecution story as testified by the police officials and rejected the defence version giving its reasons in support thereof. This resulted in the conviction as mentioned above. In the appeal filed before the High Court, the primary ground taken by the appellants to assail the judgment of the Sessions Judge was that the provision of Section 50 of the NDPS Act, which are mandatory in nature, were not complied with. This has been the argument before us as well, in the present app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h from the bags of these persons which resulted in the seizure of opium weighing 4.400 kgs. Following discussion of the High Court, with which we agree, is reproduced in this behalf: "There being no independent witness, the seal had to be handed over to some police official. There is no evidence to the effect that the contents of the sample were tampered with at any stage. As mentioned in Ex P-16, the seals on the sample tallied with the specimen seal as per the forwarding authority letter. The affidavit Ex.P-9 of MHC Naresh Kumar and affidavit Ex.P-10 of Constable Sumer chand were tendered in evidence by the prosecution. Their evidence being of formal character, they were tendered for their cross- examination. As is borne out from the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olution against the conduct of the Investigator and copies thereof would have been endorsed to the higher authorities of the police hierarchy. There being no such evidence his ipse dixit can hardly inspire confidence. It is in the cross-examination of Jarnail Singh DW-2 that "There is no photograph of mine in the album shown to me today as photos were taken of both the relations of the parties. I do not remember the exact date when the accused came to Delhi for fixing the date of marriage but I came after 6-7 months of ring ceremony. Both the accused are related to each other.: This evidence too does not advance the cause of the appellants in any manner. As regtards Ajit Singh DW-3, he has stated in his cross- examination that "I knew Kulwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o in Ex.DA at point A and Rupinder Kaur daughter of Pritam Singh and wife of Bobby.: Under the stress of cross-examination, he regretted his inability to tell the date, month and year of the ring ceremony. Had this ceremony been verily performed, this witness being father of Bobby with whom the daughter of Pritam Singh appellant was allegedly betrother, would not have forgotten atleast the month or year of ring ceremony. Furthermore, this witness went on to say in his cross-examination that the accused persons left my house at about 5 A.M. morning whereas the prosecution version is that they were apprehended at the bus stand of Panipat around 6.00 P.M. Distance betweeen Panipat and Delhi is not that much, as would have consumed more than 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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