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2018 (12) TMI 441 - HC - Indian LawsSmuggling - Heroin - recovery of Heroin made properly or not - Statements made by the accused - admissible evidence or not - Section 67 of NDPS Act - retraction of statement or not - effect of retraction - conscious possession of heroin by the two accused proved or not - Held that:- There is no illegality or infirmity with the judgment as regards the conviction of both the accused. The judgment is well reasoned one. The trial Court in light of the facts and circumstances of the case on appreciation of evidence adduced by the complainant taking into view the stand taken by the accused in the defence and evidence adduced by them in that regard had come to the conclusion that both the accused connived with each other in furtherance of their common mind and common object and hatched a criminal conspiracy to bring 22.250 kgs. heroin from Jalandhar to Amritsar - there is no reason to disagree with such findings recorded by the trial Court. Appellant have not been able to put forward any plausible or convincing reason, which might have prompted to find any fault with the inference of conviction recorded by the trial Court and to interfere therewith - the judgment of conviction against both the appellants/accused is upheld. The ends of justice shall be adequately met, if sentence of 12 years of rigorous imprisonment of both the accused is reduced to rigorous imprisonment for 10 years, whereas keeping the fine part intact. Appeal allowed in part.
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