Home Case Index All Cases Customs Customs + SC Customs - 1999 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1999 (9) TMI 93 - SC - CustomsConviction 0f the appellant for the offences punishable under Section 21, read with Section 8(c) and Section 23 read with Section 28 and 8(c) of the NDPS Act Held that:- In this case heroin was found from a bag belonging to the appellant and not from his person and therefore it was not necessary to make an offer for search in presence of a Gazetted Officer or a Magistrate. As rightly pointed out by the High Court the appellant had himself admitted in his statement under Section 108 of the Customs Act that it was heroin. Moreover, in this case we have evidence of the officers of the Narcotic Control Bureau also who had tested the substance found from the appellant. The panchnama, also contains words 'received copy' written by the appellant. The said statement of the appellant was recorded in 1990. He retracted it in 1994. Till then he had not complained against any officer as regards the alleged beating or use of force nor he had stated that he did not know English. Therefore, this contention also cannot be accepted. Thus the High Court was right in relying upon the evidence of aforesaid witnesses and the statement recorded under Section 108 of the Customs Act and in confirming the conviction of the appellant. Appeal dismissed.
|