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2015 (10) TMI 330 - HC - CustomsOffence under NDPS ACT - secret information. - validity of evidence oral and documentary - From a cavity behind the tail light of the TATA Sumo Vehicle, Heroin/diacetylmorphine was recovered which after weighing was found to be 7.896 kg. Accused was apprehended and arrested. - Held that:- in this statement the appellant had stated that he used to park the vehicle in the night at the residence of his employer (PW-11) and used to pick it up the next morning which he had done on the fateful day as well. His further version is that Shera had hired this vehicle. It is not his defense that Shera had hired this vehicle from his employer Pragat Singh. If Shera had hired this vehicle from the appellant and the appellant having picked up the vehicle in the morning from the house of his owner, the further defense of the appellant that he was not aware that the contraband had been fixed in a part of the tail light of the vehicle is contrary to the rest of the defense adopted by him as the vehicle was admittedly never in possession of Shera and thus Shera would not have had a chance at any point of time to implant the contraband in the vehicle. The defense of the appellant appears to be dishonest and an afterthought. After the samples and contraband had been received by Lakhi Ram (PW-3) who was working as inspector in Valuable Godown (through PW-7) entries in the Register were made after tallying the seal impression which was affixed on case property with the facsimile of the seal appearing in the test memo. These endorsements were proved as Ex.PW-3/A and Ex.PW-3/B. The sample tested positive for diacetylmorphine. The report of the CRCL Ex.PW-6/B had also checked the purity percentage of diacetylmorphine was found to be between 79-88% of the total 7.896 kg which was above the commercial quantity (250 grams). - On no count does the impugned judgment calls for any interference. The sentence imposed upon the appellant is also the minimum. - Decided against the appellant.
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