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2017 (12) TMI 1449 - HC - Indian LawsSmuggling - Heroin - seizure of contraband item - offence under Section 8(c) read with 21(c) of the NDPS Act - acquittal of offences - Held that: - As regards the contention that there was violation of Section 42 of the NDPS Act, this Court did not find any infraction. In fact, Section 42 of the NDPS At will not apply to this case and only Section 43 of the NDPS Act will apply, since the interception and seizure was in a public place. Applicability of provisions of Section 50 of the NDPS Act - Held that: - it is seen from the evidence of Krishnamoorthy [P.W.1] and Chandran [P.W.5] that when the Officers intercepted and introduced themselves, Ibrahim [A1] came forward to hand over the travel bag [M.O.2] from Shakila [A2] and took out heroin from inside the bag and gave it to the Officers - the bag was with Shakila [A2] and Ibrahim [A1] took the bag from Shakila [A2] and handed over the same to the Officers. - provisions of Section 50 of the NDPS Act will not apply to the facts and circumstances of the case. Confession statement of the appellant - Held that: - when the accused was produced before the Remanding Magistrate, he did not complain of ill-treatment by the Officers and the Magistrate has recorded 'No Complaint' on the Remand Application [Ex.P.11] - this Court has no reason to believe that the accused was subjected to torture and the confession was obtained thereafter. That apart, this is not a case based on circumstantial evidence. In other words, the culpability of the appellant is not fixed merely on the confession statement. Even without the confession statement, the possession of the drug has been established by the prosecution through cogent evidence. The trial Court had acquitted Shakila [A2], because the evidence showed that she was merely pulling the trolley bag [M.O.2], which was given to her by Ibrahim [A2] and when the Officers intercepted, it was Ibrahim [A1], who took out the contraband from the trolley bag and handed over the same to the Officers - appeal dismissed being devoid of merits.
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