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2015 (8) TMI 1226 - HC - CustomsPunishment for contravention in relation to cannabis plant and cannabis – Appeal against Conviction – After hearing parties, trial Court vide impugned judgment, convicted appellant for commission of offence punishable under Sections 20 of NDPS Act and sentenced him to undergo rigorous imprisonment and to pay fine – Appellant assailed said order of conviction on grounds of non-compliance of NDPS Act – Held that:- As PW-5 and PW-7, being material witness of recovery, are not alleged to have any animus or hostility against appellant prior to incident, therefore, no motive can be ascribed to them to testify falsely in present case – Accused cannot be acquitted merely because no independent witness was produced – Compliance or noncompliance of Section 50 is relevant only in case of personal search of person – Said Section does not extend to search vehicle or container or bag, as held by Supreme Court in Ajmer Singh's case [2010 (2) TMI 1051 - SUPREME COURT] – PW-3, PW-4 and PW- 7 in their deposition deposed that, so long as, case property remained in their possession, neither they nor anyone else tampered, therewith – Trial Court rightly observed that since appellant is native of Himachal Pradesh, police could not involve him falsely in case in hand by bringing him from his State – Considering that appellant has been in jail from date of his arrest and has already spent 9 years in jail, sentence reduced to 10 years instead of 12 years – Order of conviction modified – Decided against appellant.
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