9911796707
TMI Blog2012 (10) TMI 996X X X X Extracts X X X X X X X X Extracts X X X X ..... of any animosity between accused and official witnesses, there is nothing wrong in relying on their testimonies and accepting documents placed for basing conviction – No animosity established on part of official witnesses by accused in defence and no infirmity in prosecution case – True that Section 15 of NDPS Act speaks about punishment for contravention in relation to poppy straw – As per sub-section (b) where contravention involves quantity lesser than commercial quantity but greater than small quantity, rigorous imprisonment may extend to 10 years and with fine which may extend to one lakh rupees – Even after taking two samples of 250 grams each, quantity measured comes to 69.50 kgs which is more than commercial quantity – Taking note o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re taken out. The remaining contraband weighing 69.50 kgs. was sealed in two bags and the samples were sent to the Forensic Science Laboratory (FSL) for examination. (ii) On the same day, i.e., 27.06.2004, a First Information Report (FIR) being No. 105 of 2004 was lodged by the police against the appellant herein and Vikas Kumar under Sections 8, 15, 60, and 61 of the Narcotic Drugs Psychotropic Substances, Act, 1985 (in short the NDPS Act ). (iii) On receipt of the report of the Chemical Examiner and after completion of all the formalities relating to investigation, the case was committed to the Special Court, Patiala and numbered as Sessions Case No. 118T/06.09.04/17.11.08. During the pendency of the case, Vikas Kumar died. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State submitted that the person who was present at the time of seizure was Kaur Singh and, hence, he is a natural witness and to show their bona fide, the prosecution summoned him for examination, but he failed to appear. She further submitted that mixing of poppy husk found in two bags is not an irregularity, on the other hand, according to her, the prosecution has proved its case beyond reasonable doubt and prayed for confirmation of the order of conviction and sentence. 7) We have carefully considered the rival submissions and perused all the relevant materials. 8) As regards the first two contentions raised by learned senior counsel for the appellant, it is true that Kaur Singh, according to the prosecution, is an independent witn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aterials. In a case of this nature, it is better if the prosecution examines at least one independent witness to corroborate its case. However, in the absence of any animosity between the accused and the official witnesses, there is nothing wrong in relying on their testimonies and accepting the documents placed for basing conviction. After taking into account the entire materials relied on by the prosecution, there is no animosity established on the part of the official witnesses by the accused in defence and we also do not find any infirmity in the prosecution case. It is not in dispute that the present appellant (A-2) was driving the car in question which carried the contraband. PW-2, owner of the car was also examined and proved its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent may extend to six months or with fine which may extend to ten thousand rupees or with both whereas under sub-section (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, rigorous imprisonment may extend to 10 years and with fine which may extend to one lakh rupees. Subsection (c) provides that where the contravention involves commercial quantity, the rigorous imprisonment shall not be less than 10 years but which may extend to 20 years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. Merely because different punishments have been prescribed depending on the quantity of contraband, we are satisfied that by mixin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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