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2020 (3) TMI 904 - HC - Indian LawsSmuggling - Charas - Contraband item - offence under Section 8(C)/20(B)(II) of NDPS Act, 1985 - presence of confessional statement or not - admissible evidences or not - corroboration of statements or not - possession of opium and sale of same or not - HELD THAT:- In the present case the appellant was neither arrested on the spot, nor any incriminating article was recovered from his house when a search was made. Even the prosecution wholly failed to establish that the said truck was in any way connected with the appellant or the same was at any time in real or constructive possession/control of the appellant. The prosecution failed to establish the ownership of the truck and no evidence was there pertaining to any connection of the said vehicle with the appellant. So, from the entire material on record, it is evident that except the statement of these two co-accused persons Rajesh Kumar Mishra and Raju Dubey, there is no other material on record against the appellant to show his complicity in the crime. The submission of the learned counsel for the opposite party that the appellant should have summoned co-accused Rajesh Kumar Mishra and Raju Dubey for cross examination does not suit to the reasoning, as it was for the prosecution to establish its case against the appellant beyond all reasonable doubts - it would not be safe to rely upon the statement of these two persons recorded under Section 67 NDPS Act as the appellant was not afforded any opportunity of cross examination to these two co-accused persons. Appellant is acquitted of all the charges leveled against him - Appeal allowed.
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