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2015 (10) TMI 416 - HC - CustomsOffence under NDPS Act - evidentiary value of the statements recorded under Section 67 of the NDPS Act - Held that:- True it is that independent persons are to join the investigation, especially the search and seizure proceedings. Nonetheless in the present case, absence of any independent person testifying to the search and seizure proceeding has not made the case doubtful a bit. - The minor contradictions with respect to time and place of search and seizure, in the testimony of witnesses, do not assume any significance. The testimony of even a single witness if found consistent and cogent could be the basis of conviction. The conviction of the appellants has not been recorded only on the statements tendered by the appellants under Section 67 of the NDPS Act. - The statement of DW-1, the Nodal Officer does not help the defence version. There is no reference of any telephone number through which the secret information was received in the police station. Thus the statement of the nodal officer with regard to two numbers not being active on or at the relevant time does not impact the prosecution version. Since no complaint was made either by DW-2 or his sister about the appellant Netrapal having been lifted and whisked away from the liquor vend at Sahibabad, the version of DW-2 also becomes unacceptable. Similar is the case with the statement made by appellant Vir Chand Rai before the Trial Court under Section 315 of the Code of Criminal Procedure. It does not appear to be probable that such a huge quantity of narcotics substance would be planted/foisted on the appellants for being dragged and tried in the present case. - judgment of the Trial Court brooks of no interference. - The appeal, thus fails and is dismissed. - Decided against the appellants.
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