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2017 (8) TMI 622 - HC - Indian LawsConviction under Sections 20(ii)(c) of NDPS Act - recovery of commercial quantity of cannabis - Held that:- The house from where the seized cannabis was recovered belonged to the accused appellant. The plea taken by the appellant that his house was not searched does not create the possibility of an alternate doubt strong enough to say the alternate view in favour of the accused appellant is as nearly reasonably probable as that against him. Thus, the plea that instead of the house of the accused appellant some other house was searched appears to be a plea without any substance, for if the accused appellant is a resident of the same village he could have easily adduced evidence to probabilise his plea. A mere suggestion to prosecution witnesses that the house from where the seized cannabis was recovered does not belong to him cannot be accepted to be a sufficient compliance of probabilising the plea of lack of possession when it was within the reach and means of the appellant to show that even though he is a resident of Nagaypam, Jamunamukh, his house is situated at a different location in that village and is different from the one in which the search was conducted and the contraband was recovered. Thus no interference with the judgment and order of the learned Trial Court is called for.
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