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2013 (3) TMI 623 - HC - CustomsRecovery of Heroin Appeal against Conviction Both appellants were convicted for offences punishable under Sections 21 & 23 of NDPS Act, 1985 and were sentenced to undergo rigorous imprisonment and to pay fine After search of appellants heroin and other wrapping material were recovered and was taken into possession after converting into separate sealed parcels Held that:- suspicion arose to empowered officers in public place when appellants were waiting for customs clearance Therefore, Section 42 of Act is not applicable Accused were apprised of their legal rights and also offered to be searched either by Gazetted Officer or Magistrate Both accused opted for search by Gazetted Officer Therefore, Section 50 has been complied with in its full rigour Joining of independent witness is rule of prudence Once prosecution is able to prove process of recovery of contraband from appellants from testimonies of official witnesses, it cannot be said that non- examination of independent witnesses is fatal to prosecution case Report of Central Revenues Control Laboratory is to effect that samples were received in seal intact condition Difference in weight is not of such nature which may cause doubt on prosecution case7 Fact remains that on chemical examination, both parcels answer positive test for diacetyl morphine (heroin) Therefore, minor difference in weight of samples is not sufficient to doubt prosecution case In view of discussion, judgment of conviction is based on correct appreciation of evidence Decided against Appellant.
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