Home Case Index All Cases Customs Customs + HC Customs - 2013 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (5) TMI 43 - HC - CustomsOffence under Section 21(c) NDPS Act - appeleant acquitted of the charges under Section 29 read with Section 21(c) sentenced to undergo RI for ten years with fine Rs. 1 lac , each. - appellants were found in possession of 5.022 kg. of Heroin - Held that:- Contradictions, discrepancies and improvements highlighted by counsel do not affect the core issue of recovery of contraband from the conscious possession of the accused. These do not go to the root of the case to throw away the otherwise unimpeachable testimony of official witnesses. Testimonies of official witnesses have to be considered at par with that of independent witnesses. Testimony of complainant was corroborated by confessional statements of the accused persons. It was further corroborated by recovery memo and other documents which had been prepared at the time of recovery and proved before the Trial Court. All the contentions raised by the appellants have been dealt with in the impugned judgment and no interference is called for. No merit in the appeals preferred by the appellants and the same are dismissed. Conviction and sentence of both the appellants are maintained.
|