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2013 (7) TMI 759 - ALLAHABAD HIGH COURTValidity of order – whether the order of imprisonment and fine was valid - passed by the Appellant was convicted u/s 20(b)(ii) and 25 of the N.D.P.S. Act and sentenced to rigorous imprisonment for 14 years and fine - Appellant contended that the lower court committed serious error of law in accepting the statement recorded by Custom Officer Under Sections 107 and 108 of the Customs Act - In case under N.D.P.S. Act, sections of Customs Act are inadmissible - statement was recorded in illegal custody of unauthorised officer - Public witnesses were falsely introduced - Mandatory provisions of Section 42, 50 and 52 of the N.D.P.S. Act, were not followed - Recovered article was kept with Custom Officer till it was sent to chemical examination - Held that:- The conviction recorded by trial court of appellant under Section 20(b)(ii) of N.D.P.S. Act is justified - The trial Judge passed the judgment after taking much pains in deciding each and every arguments of the accused appellant. The learned trial court had analyzed the evidence in right prospective and has reached to the correct conclusion - the judgment was well discussed and he rightly relied on the prosecution witnesses and confessional statement of accused persons – Court followed the judgment of (2008) 1 SCC (Cri) Shanti Lal Versus State of M.P(2007 (10) TMI 554 - SUPREME COURT OF INDIA) - the witnesses of fact before whom Charas was recovered were Custom Officers and there was no reason to disbelieve their evidence - Their evidence was supported by the confessional statement of accused which was recorded before Custom Officers and as they are not police personnel - on the statement recorded before them reliance can be placed – appeal partly allowed as the term of imprisonment was reduced.
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