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2005 (2) TMI 127

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..... purchased this lorry in 1982, along with one Kesar Singh but in 1986 he transferred the vehicle with a third party and the Investigating Officer - PW 13, who was examined, deposed that during the course of his investigation he came to know that though the present appellant was the original owner of vehicle bearing registration No. PJA 8677, he had sold the vehicle to one Sucha Singh in 1986, howe .....

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..... ishable under Sections 18, 22, 23, 25, 28, 29 and 30 of the N.D.P.S. Act and Section 120B of the Indian Penal Code. Two of them i.e. Tarlochan Singh, S/o Chet Singh and Devinder Singh were acquitted by the High Court and the present appellants i.e. Balwinder Singh and Tarlochan Singh, S/o Darshan Singh were found guilty. It is against this that the appellants have come up before this Court by way .....

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..... During the course of investigation, the statement of the appellant was taken under Section 108 of the Customs Act and 15 witnesses have been examined. The appellant herein completely denied his culpability in the crime. 3. The present appellant has been found guilty on the ground that he was the registered owner of the vehicle PJA 8677. Counsel for the appellant contends that he purchased this .....

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..... he lorry, there is no evidence to show that the appellant had any control over the vehicle nor he was in possession of these drugs. In the result, we allow the appeal and acquit the appellant Balwinder Singh of all charges framed against him. Criminal Appeal No. 548 of 2004 : 4. In this case, the appellant Tralochan Singh was the driver of the vehicle DIL 3372. He was also in custofy of vechi .....

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