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2015 (2) TMI 1143 - PUNJAB AND HARYANA HIGH COURTSeeking modification of sentence order - Convicted under Section 20 of the Narcotic Drugs and Pshychotropic Substances Act - Recovery of ganja - Non-joining of independent witnesses and Gazetted Officer - Held that:- the joining of independent witness is not the rule of law but rule of caution. In case the evidence of official witnesses is trustworthy, in that case conviction can be maintained on the testimony of official witnesses alone. The non-joining of Gazetted Officer does not create any dent in the prosecution story. The delay of two days in sending the sample for chemical analysis is not fatal. Even according to the instructions, the sample can be sent within 72 hours. Mere fact that CFSL Form was not prepared at the spot is not a ground for acquittal. No reasoning has been given by the appellant as to why false case has been registered against him. In this case recovery was effected on 02.09.2011 but the witnesses were examined on 01.05.2012 and 30.11.2012 respectively. So due to lapse of memory, the above said discrepancies have occurred. The said discrepancy is not such which goes to the root of the case. Therefore, the conviction recorded by the trial court does not call for any interference and the same stands affirmed. However, in view of Section 427 Cr.P.C, the sentence can be made to run concurrently in appropriate cases. Since the appellant is not facing trial in any other case except the above mentioned two cases, the sentence of present caseunder Section 20 of NDPS Act as well as sentence in respect of another case under Section 22 NDPS Act, are ordered to run concurrently. - Decided against the appellant
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