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TMI Blog2016 (3) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... m if his conviction is converted to one under Section 20(ii) (C) N.D.P.S. Act while maintaining his sentence. - Decided against the appellant - Criminal Appeal (DB) No. 918 of 2011 - - - Dated:- 25-1-2016 - Anjana Prakash And Rajendra Kumar Misra, JJ. For the Appellant : Mr Vikram Deo Singh, Adv For the Respondent : Mr Ajay Mishra, APP Mr S D Sanjay, ASG ORDER The Appellant has been convicted under Section 20(b) of the N.D.P.S. Act and sentenced to rigorous imprisonment for 15 years and fine of ₹ 2,00,000/-, in default of which, further rigorous imprisonment for three years vide Judgment of conviction dated 25.07.2011 and Order of sentence dated 28.07.2011 passed by the 1st Additional District and Sessions Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant which he signed as Ext.4. In cross examination, surprisingly he gave a confusing statement with regard to the weight of the goods. He stated that one packet contained 5 kilograms whereas the second packet contained 4 kilograms and third packet contained 3 kilograms. What it means, one does not really know. 4. P.W.2 Mukesh Kumar Bhardwaj is the Complainant, who stated that on 12.09.2006 at about 11.00 A.M. he got secret information about a truck carrying Ganja at which a person present on the truck was intercepted and the Appellant was arrested. 'Ganja' was found in the secret cavity which was cut opened in presence of the witnesses packed in 116 packets weighing 432.900 kilograms. The same was seized of which seizure list ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nothing to discredit the factum of seizure and recovery. 6. P.W.4 Samir Kumar Sinha was the Customs Inspector at Jogbani on 12.09.2006 and he also corroborated the evidence of P.W.3 on material particulars. In cross examination, he stated that the checking was done in the office and the sample of seized material was prepared in 6 packets. 7. P.W.5 Satyendra Kishore Lal was also the Customs Inspector on 12.09.2006, who stated about the department officials having stopped the truck of the Appellant and interrogation of the driver and recovery of Ganja from the secret chamber. In cross examination, he stated that he was shown Ext.9 for the first time which is not germane to the issue. 8. P.W.6 Sanjeewan Mochi was Hawildar in Jogbani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cepting the truck, apprehending the Appellant from the same, opening the secret chamber of the truck, recovery of incriminating articles, drawing the samples and getting it tested immediately. 11. We may at the end clarify that the conviction of the Appellant is under Section 20(b) of the N.D.P.S. Act whereas it should have been under Section 20(ii) (C) N.D.P.S. Act. However, we note that the charge was framed saying that the Appellant was found in illegal possession of 432.900 kilograms of contraband Ganja which he was carrying by a Truck bearing Registration No.NAIKH-9336 which shows that the Appellant knew fully well that he was to answer the charge of carrying Ganja of commercial quantity and hence no prejudice would be caused to him ..... X X X X Extracts X X X X X X X X Extracts X X X X
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