TMI Blog2016 (6) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... e was sent to the Forensic Science Laboratory, it would be difficult to conclude that the Appellants were in possession of commercial quantity of Ganja and liable for conviction under Section 20-C of the NDPS Act, when in the circumstances of the case, there is no conclusive material that all the bags which had been recovered contained Ganja and nothing else. Therefore, the conviction of Appellants can only be maintained under Section 20 (ii) B of the NDPS Act for which sentence of eight years which has already been undergone by them would be sufficient enough. The fine of ₹ 1,00,000/- (One lac) imposed upon the Appellants by the impugned judgment is waived. - Appeals dismissed with modification - Criminal Appeal (DB) No.653 of 2013, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are of the view that conviction of the Appellants under Section 20-C of the NDPS Act cannot be sustained. While discussing the evidence of the witnesses it will be evident as to why we have reached such conclusion. 5. PW 1 (Harishankar Kumar) was one of the members of the Raiding Team on 13.08.2008, who along with others inspected the truck, in question, upon which the Informant climbed and found a secret chamber from which 91 bags of Ganja weighing 990 Kg. was recovered. The Inspector thereafter made seizure, Panchnama and interrogated the present Appellants and also took out samples for testing. In cross-examination, he stated that the entire team had weighed the Ganja which had taken about an hour s time. He further stated that sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned through the forwarding memo which is Ext.5 and the official complaint was instituted. He proved his signature on the official complaint as Ext.6. He also stated that samples were drawn and sealed in presence of witnesses and accused persons. The report in its regard was that samples contained Ganja. In his examination-in-chief, he has stated as to how samples were drawn but in cross-examination he stated that samples were drawn from 3-4 packets after opening them and it was sent for testing on 14.08.2008 itself. 9. PW 5 (Sri Pawan Kumar Sandily) has proved Custodian Receipt which is Ext.7 and Chemical Examination Report of Ganja which is Ext.8. 10. PW 6 (Bijay Chandra Ray) has produced the certification paper in regard to orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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