Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 62 - HC - Indian LawsSmuggling - Charas - Charge under Sections 20 (b) (2) (c) (ii) of N.D.P.S. Act - Held that: - A careful perusal of the statements of all the aforesaid prosecution witnesses disclose that they have complied the mandatory provisions provided under the N.D.P.S. Act. It is true that in this case all the prosecution witnesses are police officials but there is no reason to disbelieve their statements. They all are independent witnesses and the appellants have not shown any reason in their statements u/s 313 Cr.P.C. as to why the police officials have falsely implicated them in this case. Only due to the reason that the prosecution witnesses are police officials, their entire evidence cannot be discarded, specially when no material discrepancy is seen in their statements. The amount of Charas recovered from the possession of the appellants is multiple times more than its commercial quantity, which is 1 Kg., whereas the appellants were found carrying 12 Kg of Charas with them. Therefore, the amount of contraband being of such huge quantity and Charas being a very expensive contraband, it cannot be planted by the police. The facts of the present case clearly show that the appellants were in conscious possession of Charas as they were caught red-handed by the police with Charas kept in the bag, which they were carrying. Appeal dismissed.
|