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2005 (10) TMI 549 - SUPREME COURTOffence under NDPS Act - Seizure of vehicle - illegally transporting dark brown substance which smelled like opium - violation of Section 42 of the NDPS - HELD THAT:- In the present case, the officer who conducted the search was examined as PW-2. What he stated in the evidence was that the D.I.G. had instructed him that intoxicant materials were being transported illegally from the States of Rajasthan and Uttar Pradesh and the vehicles had been passing through Banaskantha district. This was only a general information given by the D.I.G. to PW-2 and such information is not bound to be recorded as a source of information as contemplated u/s 42 of the NDPS Act. Here, PW-2 and the members of the patrol team were doing the usual patrol duty and they incidentally came across the tanker lorry in question and on search recovered the contraband substance from the vehicle. We do not think that there is any violation of Section 42 of the NDPS Act. We do not find any merit in the appeal and the same is liable to be dismissed. It is proved satisfactorily that the appellant who was the owner of the tanker lorry in question was found in possession of the narcotic substance weighing more than 5 kilograms. It is proved that the appellant was using this vehicle for illegally transporting the narcotic substance. He has rightly been found guilty by the sessions court and his conviction was rightly upheld by the High Court. We do not find any merit in the appeal and the same is liable to be dismissed. The appellant was released on bail by this court by order dated 15th September, 1997 and there was also an interim stay of realization of the fine in terms of order dated 25th September, 1997. The appeal is dismissed and the appellant is directed to surrender before the authorities within four weeks to undergo the remaining period of the sentence of imprisonment. He is also liable to pay the fine imposed on him, if not already paid. The connected Criminal Appeal would also stand dismissed accordingly.
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