9911796707
TMI Blog2013 (6) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... d in default thereof, to undergo further rigorous imprisonment for one year. Respondent-Inspector Customs, Ferozepur instituted criminal complaint against appellant-accused under Sections 22 and 23 of the Act alleging that on 27.02.1989, Nachhattar Singh, Station House Officer of Police Station Jalalabad was having secret information that the accused was indulging in smuggling activities. Accordingly, joint party of police officials and customs officials held nakabandi. At about 12.30am on the night intervening 27/28.02.1989, the accused was seen coming with a bag on his shoulder. The accused on seeing the naka party tried to slip away. However, he was overpowered. On search, five packets containing heroine weighing 4 kilograms 865 grams i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant as already noticed hereinbefore. Feeling aggrieved, the convict has filed this appeal. I have heard learned counsel for the parties and perused the case file. Counsel for the appellant raised threefold contention. It was argued that although there was secret information with the police, the same was not reduced into writing nor sent to immediate official superior and, therefore, there has been total non-compliance with Section 42 of the Act entitling the appellant to acquittal. It was also argued that no independent witness was joined although nakabandi was held on the basis of secret information. Lastly, it was argued that the appellant has been acquitted in the case under the Arms Act relating to alleged recovery of pistol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lse implication. Even otherwise, such large quantity of heroine of very high value would not have been planted on the accused to implicate him in a false case and that too without any rhyme or reason. Thus the three official witnesses who have deposed about recovery of the heroine from the appellant had no reason to depose falsely against the appellant. They were not hostile or inimical to the appellant in any manner. Consequently their statements are as much credible as those of so called independent or non-official witnesses. Statements of these three witnesses cannot be discarded merely because of their official status. In the aforesaid context, it is also significant to notice that the appellant also made statement before Customs Inspe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , much less perversity or illegality or misreading or misappreciation of the evidence. For the reasons aforesaid, I find that conviction of the appellant is well founded and is accordingly upheld. As regards quantum of sentence, the appellant has been sentenced to the minimum sentence prescribed for the offence although in view of huge quantity of the contraband substance, several times the commercial quantity, even higher than the minimum sentence could have been imposed. There is, therefore, no scope for reduction in quantum of sentence also because minimum sentence has been imposed on the appellant. Resultantly, I find no merit in this appeal, which is accordingly dismissed. The appellant, who is on bail, shall surrender to his bail b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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