Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Mahiman Singh Versus State of Uttrakhand

2016 (7) TMI 115 - SUPREME COURT

Prosecution proceedings under the NDPS act - Held that:- the witnesses examined by the prosecution were able to prove the prosecution case beyond reasonable doubt and hence even if one or two witnesses though cited initially were later given up by the prosecution, the same did not adversely affect the prosecution case in any manner. In other words, the conviction could be sustained on the evidence adduced and was rightly held to sustain in this case. - Indeed, in the light of evidence adduced by .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Appeal No. 311 of 2002 whereby the High Court dismissed the appeal filed by the appellant herein and affirmed the judgment and order dated 27.11.2002 passed by the Special Judge, Pithoragarh in Sessions Trial No. 17 of 1996 convicting the appellant herein under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act ) and sentenced him to undergo rigorous imprisonment for ten years with a fine of Rs. One lakh, in default, to undergo furthe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t was in his bag, he became nervous. On suspicion, the bag was lifted and the same felt to contain heavy materials and on smelling gave foul smell of Charas. When it became certain that this was certainly contraband, the name and address of the boy was asked and he told that his name was Mahiman Singh, resident of Garbyal Khera, P.S. Dharchula, Dist. Pithoragarh. Thereafter he was asked as to which gazetted officer or of which magistrate presence, he wanted search of his bag. On being asked, he .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and the remaining Charas was kept in light green colour polythene bag. The bag was then sealed. Informing the accused of the offence which he has committed, he was then taken into custody. 3) On the basis of the recovery, at 4.00 p.m. a FIR was registered against the appellant-accused at the P.S. Jauljibi under Section 20 of the NDPS Act. The case was committed to the Court of Special Judge, Pithoragarh under Sessions Trial No. 17 of 1996. 4) After examination of witnesses and recording of the s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

6) The High Court, by impugned judgment/order dated 22.07.2013 dismissed the appeal and affirmed the order of conviction and sentence passed by the Trial Court. 7) Aggrieved by the said judgment/order, the appellant has filed this appeal by way of special before this Court. 8) Heard Mr. Mahabir Singh, learned senior counsel for the appellant and Mr. Rahul Kaushik, learned counsel for the respondent-State. 9) Mr. Mahabir Singh, learned Senior counsel for the appellant(accused) while assailing the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ined by this Court in several decided cases and, therefore, the appellant's conviction is rendered bad in law. It was also urged that since the statement of accused recorded in Section 313 proceedings coupled with the affidavit of one Maan Singh (at page 30 of Vol. II of appeal paper book marked as Annexure-A/3) was neither taken into consideration and much less appreciated and, therefore, the appellant's conviction is rendered bad in law. 10) Learned counsel elaborated his submissions b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ant's conviction and secondly, the requirements of Sections 42, 43 read with 50 of the NDPS Act have been complied with in letter and spirit and lastly, since the deponent of an affidavit was not examined as witness, no reliance can be placed on such self-speaking affidavit. 12) Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in this appeal. 13) In our considered opinion, two Courts below rightly held that the prosecution was able t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he case that the prosecution proved with the aid of evidence that the search was made in public place. It has also come in evidence that it was carried out in the presence of gazetted officer and was done after giving an offer to the appellant as required under the NDPS Act. It has also come in evidence that quantity of the contraband recovered from the appellant was commercial in nature as prescribed in the Schedule to the NDPS Act. 15) It is also not in dispute that the appellant failed to add .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e for deciding the rights of the parties. 17) One of the submissions of the learned counsel for the appellant was that one witness by name - Pradhan though named in the record was not examined by the prosecution and, therefore, his non-examination is fatal to the prosecution case and has rendered the appellant's conviction bad in law. The submission has no merit. 18) In our opinion, if the evidence adduced by the prosecution was found sufficient to warrant the conviction then it was not nece .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he witnesses examined by the prosecution were able to prove the prosecution case beyond reasonable doubt and hence even if one or two witnesses though cited initially were later given up by the prosecution, the same did not adversely affect the prosecution case in any manner. In other words, the conviction could be sustained on the evidence adduced and was rightly held to sustain in this case. 20) Learned counsel for the appellant then read out almost entire oral evidence of all the witnesses ex .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version