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2016 (4) TMI 11 - HC - CustomsLegality and correctness of judgment passed under Section 20 (b) NDPS Act - Possession of 600 grams of Hashish concealed in an iron trunk - Held that:- as there are inconsistencies and discrepancies, the statement of the Investigating Officer and the evidence produced by the prosecution can’t be believed to base conviction for stringent provisions of the Act. The law on this aspect is that “stringent the punishment stricter the proof”. In such like cases, the prosecution evidence has to be examined very zealously so as to exclusive very chance of false implication. The prosecution has failed to establish the commission of offence by the respondent and beyond reasonable doubt. It cannot be allowed to take benefit of the respondent’s inability to establish his defence in 313 Cr.P.C. statement. Mere apprehension of the respondent is not enough. The evidence is scanty and lacking to establish that the contraband was recovered from the possession of the respondent in the manner alleged by the prosecution on the said date and time. Therefore, the respondent rightly deserved the benefit of doubt and the impugned judgment on that score cannot be faulted. - Decided against the revenue
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