Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 501 - HC - Indian LawsSeeking release from the sentence order and fine imposed - Seizure of 91 bags of Ganja weighing 990 Kg - Contradicting statements of witnesses - Held that:- it is found that apart from PW 1 and PW 4 none of the witnesses have stated about the manner in which sample was drawn. Whereas PW 1 says that samples were drawn from the two packets i.e. top and bottom one, PW 4 generally says that samples were drawn from 3-4 packets. The fact remains that only one sample was sent for testing which tested positive. PW 1 deposed that all the bags were of different sizes and only one sample was sent to the Forensic Science Laboratory, it would be difficult to conclude that the Appellants were in possession of commercial quantity of Ganja and liable for conviction under Section 20-C of the NDPS Act, when in the circumstances of the case, there is no conclusive material that all the bags which had been recovered contained Ganja and nothing else. Therefore, the conviction of Appellants can only be maintained under Section 20 (ii) B of the NDPS Act for which sentence of eight years which has already been undergone by them would be sufficient enough. The fine of ₹ 1,00,000/- (One lac) imposed upon the Appellants by the impugned judgment is waived. - Appeals dismissed with modification
|