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2015 (8) TMI 1043 - HC - CustomsAppeal against Acquittal – Evidence on record – Respondent was intercepted at departure hall and cannabis weighing 53.5 Kgs were recovered from him – Trial Court on analysis of evidence acquitted Respondent under Sections 21(c), 23 and 28 of NDPS Act – Whether grounds on which respondent was acquitted were justified – Held that:- Petitioner was unable to explain how address of panch witness was not traceable, raising serious doubts on whether recovery and seizure took place in presence of said panch witnesses – Having recorded that seizure of contraband took place in their presence, failure to produce them as witnesses would result in adverse inference being drawn against prosecution –Evidence of PW-1 was indeed riddled with inconsistencies which were not sufficiently explained by prosecution – It also appeared that Respondent was able to establish that his statement recorded under Section 67 of NDPS Act was not voluntary – Thus, trial Court was justified in granting Respondent benefit of doubt and acquitting from charges – Decided against Revenue.
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