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TMI Blog2018 (5) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... ndition. In the absence of any animosity between the police party and the accused and having regard to the large quantity of contraband that was recovered (18.85 kgs.), we are of the view that it is unlikely that the contraband had been planted/foisted in the vehicle of the accused persons. Order of the High Court acquitting the accused-respondents set aside - order of the learned Trial Court convicting the accused-respondents under Section 20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 restored. - Criminal Appeal Nos. 276-277 of 2018 - - - Dated:- 16-2-2018 - Ranjan Gogoi and R. Banumathi, JJ. Shri D.K. Thakur, AAG and Varinder Kumar Sharma, Advocate, for the Appellant. Shri Rabin Maj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed away is one Rajbir Singh. It is the further case of the prosecution that prior to search of the vehicle, police constables were sent to bring local witnesses but they did not succeed in bringing any witnesses as on account of the severe cold on the date of occurrence, no independent person was available. Thereafter, a search of the car was conducted by the police party and a rucksack was found lying near the legs of accused No. 2 which was found to contain cannabis mixture weighing about 18.85 kgs. According to the prosecution two samples of about 25 grams each were taken from the contraband recovered and the samples were separated and sealed. Both the accused Nos. 1 and 2 were arrested and on the next day accused No. 3 was also arrested ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Learned Counsels for the parties. So far as examination of independent witnesses in support of the prosecution case is concerned all that would be necessary to say in this regard is that examination of independent witnesses is not an indispensable requirement and such non-examination is not necessarily fatal to the prosecution case. In the present case, according to the prosecution, independent witnesses were not available to witness the recovery of the contraband due to extreme cold. The fact that the incident took place at about 6.30 p.m. on 27-1-2009 and that too on the Manali-Kulu road may lend credence to the prosecution version of its inability to produce independent witnesses. In the absence of any animosity between the police part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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