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2018 (5) TMI 121 - SC - Indian LawsSmuggling - prohibited goods - cannabis mixture weighing about 18.85 kgs - absence of independent witnesses - Held that: - the grounds on which the High Court have reversed the findings of conviction of the accused-respondents ought not to be accepted - no suggestion was given to the witnesses (PWs 12 and 13) who had taken the samples to the laboratory that the contraband parcel has been tampered with. PW-16, who had chemically examined the contraband samples, was fully cross-examined by the defence. There is nothing in his evidence to suggest that the sample(s) came to him in a torn or otherwise doubtful condition. In the absence of any animosity between the police party and the accused and having regard to the large quantity of contraband that was recovered (18.85 kgs.), we are of the view that it is unlikely that the contraband had been planted/foisted in the vehicle of the accused persons. Order of the High Court acquitting the accused-respondents set aside - order of the learned Trial Court convicting the accused-respondents under Section 20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 restored.
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