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2010 (2) TMI 1051 - SC - CustomsWhether the conviction upheld of the appellant by the Additional Sessions Judge, Kurukhestra, vide judgment and order dated 5.11.1997/6.11.1997 in Sessions Case No.14 of 1996, for offences punishable under Section 20 of the Narcotics Drugs & Psychotropic Substances Act, 1985 correct? Held that:- Appeal dismissed. No infirmity in the impugned order of the High Court. For applying the principle of parity both the accused must be involved in same crime and must be convicted in single trial, and consequently, a co-accused is one who is awarded punishment along with the other accused in the same proceedings. However, we are unable to apply the principle of parity to the present case as the record show that the accused Randhir Singh was convicted vide a separate trial arising out of a separately registered F.I.R. Merely because the accused Randhir Singh happened to be searched on 24.1.1996 before the same gazetted officer i.e. D.S.P., Pehowa, Shri Paramjit Singh Ahalawat, he cannot be said to be a co-accused in the present case. Further, the sentence of accused Randhir Singh was altered by the Punjab and Haryana High Court vide a separate judgment dated 3.12.2002 arising out of a separate appeal being Criminal Appeal No.855-57 of 1999. Therefore, we do not find any merit in the contention canvassed by learned counsel for the appellant.
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