TMI Blog1999 (8) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... e then moved the High Court of Madras for quashing the said order of the Special Court. A learned Single Judge of the High Court dismissed his petition as per the impugned order. On 21-4-1994, the Royal Police of the Kingdom of Swaziland (situate adjacent to South Africa and Mozambique) intercepted a container truck carrying nearly 2 million tablets of Mandrax . They were packed in plastic packets of 1000 tablets each and cartoned in slabs consisting of 9 packets each. The contraband was concealed in packets of electric globes. Mandrax is a high potency narcotic substance, the chemical name of which is Methaqualone . As the catch was of a significant quantity of forbidden substance, messages were sent to various Narcotic Control Bureau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 66. (2) A fax message sent by South African Police Service on 3-4- 1997 stating that no material has been thus far collected to connect the appellant with the contraband consignment. The High Court did not accept any of those documents to sustain the plea of the appellant. We too do not find any force in the contention based on those two communications, for, they revealed only what the police then felt on the materials they could unearth till then. Such a view expressed by the police in those countries cannot foreclose the investigating force in India from arriving at the right conclusion, nor even the police authorities of those countries themselves from taking a different view subsequently. If the allegations are correct, there is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant portion of the statement is the following: While we were busy off-loading the boxes containing Mandrax hidden between globes from the truck with registration number HBZ 728T, I noticed a black car that was making a U-turn at the shop opposite to the police station. The vehicle was heading back towards the borderpost and the driver (an Indian male who was alone in the car) was looking curiously towards what we were doing. I cannot remember exactly what kind of car he was driving, it was either a Mercedes Benz or BMW sedan, but it was black in colour. Because of the driver's curiosity towards our activities at that stage, I contacted the borderpost gate telephonically to stop the black car because I'd like to interrog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n ) Act, 1987. By that provision the evidence of a witness regarding identification of a proclaimed offender in a terrorist case on the basis of the photograph was given the same value as the evidence of a test identification parade. This Court observed in that context: If the evidence regarding the identification on the basis of a photograph is to be held to have the same value as the evidence of a test identification parade, we feel that gross injustice to the detriment of the persons suspected may result. Therefore, we are inclined to strike down this provision and accordingly we strike down Section 22 of the Act. (para 361) In the present case prosecution does not say that they would rest with the identification made by Mr. Mkha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... piracy.- (1) Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained insection 116 of the Indian Penal Code, be punishable with the punishment provided for the offence. (2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which- (a) would constitute an offence if committed within India; or (b) under the laws of such place, is an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ashtra ors. vs. Som Nath Thapa ors. {1996 (4) SCC 659} has held thus: If on the basis of materials on record a court could come to the conclusion that commission of the offence is a probable consequence, a case for framing of charge exists. To put it differently if the court were to think that the accused might have committed the offence it can frame the charge, though for conviction the conclusion is required to be that the accused has committed the offence. It is apparent that at the stage of framing of a charge, probative value of the materials on record cannot be gone into; the materials brought on record by the prosecution has to be accepted as true at that stage. (para 32) There is no scope for contending in this case that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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