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2017 (12) TMI 632 - HC - Indian LawsOffence punishable under Section 18 of NDPS Act - factum of recovery of 4 kgs of opium from each of the two accused - Held that:- No force in the contention raised on behalf of the appellant regarding non-compliance of Section 50 of NDPS Act. PW-1 SI Avtar Singh and PW-2 HC Rajbir Singh stated consistently regarding the factum of recovery of 4kgs of opium from each of the two accused. PW-3 DSP Amarjit Singh Bajwa in whose presence the accused had been searched also stated identically about recovery proceedings. All the three witnesses were cross-examined at length on behalf of the accused but the witnesses remained firm on their statements. Nothing could be elicited during their cross-examination, which can be said to be helpful to the accused. As the aforesaid three PWs having stated consistently regarding recovery of 4 kgs of opium from each of the two accused, the factum of possession of contraband by the accused stands fully established. The report of the Chemical Examiner (Ex.PP) shows that upon chemical examination, the samples were found to be of 'opium'. The chemical examiner in his report (Ex.PP) has further recorded specifically that the seals on the samples were intact and tallied with the specimen seals. The report of the chemical examiner cannot be doubted on any count. The plea of the accused as per his 313 Cr.P.C. statement to the effect that he had been falsely implicated is not supported by any evidence. The factum of recovery of 4 kgs of opium from each of the two accused is fully proved. The said quantity would fall within the category of commercial quantity. No infirmity in the impugned judgment and the same is upheld. There is no room even for reduction in the sentence, keeping in view the quantity of contraband recovered.
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