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2013 (6) TMI 150 - PUNJAB & HARYANA HIGH COURTConviction u/s 22 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 - accused was indulging in smuggling activities - rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- and in default thereof, to undergo further rigorous imprisonment for one year - as argued by appeleant that although there was secret information with the police, the same was not reduced into writing nor sent to immediate official superior thus total non-compliance with Section 42 of the Act entitling the appellant to acquittal - Held that:- As there was no search of any building, conveyance or enclosed place and consequently Section 42 of the Act has no applicability to the instant case. Therefore, the secret information was neither required to be reduced in writing nor it was required to be sent to immediate official superior.Thus contention of counsel for the appellant based on non-compliance with Section 42 cannot be accepted. The appellant cannot also be acquitted merely because no independent witness was joined as there has been recovery of very huge quantity of heroine from the appellant. Prosecution version has been deposed to by Nachhattar Singh, Deputy Superintendent of Police who was SHO at the relevant time and also by two Inspectors of Customs. The said witnesses had no enmity whatsoever with the accused-appellant so as to implicate him in a false case. The three official witnesses who have deposed about recovery of the heroine from the appellant had no reason to depose falsely against the appellant. They were not hostile or inimical to the appellant in any manner. Evidence of this case is sufficient to prove the guilt of the accused beyond reasonable doubt - conviction of the appellant is well founded and is accordingly upheld. As appellant has been sentenced to the minimum sentence prescribed for the offence although in view of huge quantity of the contraband substance no scope for reduction in quantum of sentence also because minimum sentence has been imposed on the appellant. Appeal dismissed.
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