TMI Blog2016 (5) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... ble evidence has come on record which establishes the guilt of the appellants beyond reasonable doubt, mere statement of the accused person under Section 313 of the Code of Criminal Procedure, 1973 would be of no help to the accused person. It is found that the rigorous imprisonment for 10 years which is awarded by the Trial Court and affirmed by the High Court is the minimum sentence that can be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undergo rigorous imprisonment for ten years each and to pay a fine of ₹ 1 lakh each, and in default of payment of fine, to undergo further rigorous imprisonment for a period of six months each. As per the prosecution case, on receipt of a reliable information from a source that six persons were carrying poppy husk in a truck bearing registration No. JK-03/0911 and they were going towards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... except Mohammad Yakub. Mohammad Yakub, who has allegedly ran away, was arrested on 07.02.2006. They were charged under Section 15 of the NDPS Act. The prosecution led its evidence by producing various witnesses including two independent witnesses who were involved at the time of raid and were the signatories to the seizure memo. The Trial Court acquitted Mohammed Yakub and convicted other five acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd had stated that they had been falsely implicated. Once credible evidence has come on record which establishes the guilt of the appellants beyond reasonable doubt, mere statement of the accused person under Section 313 of the Code of Criminal Procedure, 1973 would be of no help to the accused person. We find that the rigorous imprisonment for 10 years which is awarded by the Trial Court and a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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