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2016 (9) TMI 526 - SC - CustomsValidity of judgement - Rigorous Imprisonment and fine - Offences under Sections 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - CHA - Transit Certificate - secret information of receipt of dry fruits which had the marking of 'AB', contained some narcotics as well - summon of two witnesses - search - section 50 of the Customs Act, 1962 - concealment of 165 packets of brown powder weighing 21 kilograms 450 grams was revealed - heroin - arrest of appellant - statements made under Section 108 of the Customs Act, 1962 - Held that: - the appellant has stated that up to 14.1.1999, there is mention of the appellant on the T.C. and thus, the consignment did relate to him. He received the consignment as he was to take delivery of the consignment, as he had received phone calls regarding this. These phone calls were received by his Clerks Amit Taneja, Janak Raj, and some were received by him. Statements made under Section 108 of the Customs Act, 1962 coupled with the statements of the prosecution witnesses which have found corroboration inter-se, the guilt of the appellant is proved beyond a reasonable doubt - no infirmity in the judgement of the Additional Sessions Judge-cum-Special Judge in convicting the appellant - appeal disposed off - decided against appellant.
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