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2016 (9) TMI 526 - SUPREME COURT

2016 (9) TMI 526 - SUPREME COURT - 2016 (344) E.L.T. 801 (SC) - Validity of judgement - Rigorous Imprisonment and fine - Offences under Sections 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - CHA - Transit Certificate - secret information of receipt of dry fruits which had the marking of 'AB', contained some narcotics as well - summon of two witnesses - search - section 50 of the Customs Act, 1962 - concealment of 165 packets of brown powder weighing 21 kilograms 450 gra .....

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under Section 108 of the Customs Act, 1962 coupled with the statements of the prosecution witnesses which have found corroboration inter-se, the guilt of the appellant is proved beyond a reasonable doubt - no infirmity in the judgement of the Additional Sessions Judge-cum-Special Judge in convicting the appellant - appeal disposed off - decided against appellant. - Criminal Appeal No. 150 OF 2010 - Dated:- 1-9-2016 - Mr. A.K. Sikri, Mr. S.A. Bobde And Mr. Ashok Bhushan JJJ. Mr. Dipak Kumar Jena, .....

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2 lakh and in default of payment of fine, to further undergo Rigorous Imprisonment for three years. The appeal preferred by the appellant against the said judgment has been dismissed by the High Court vide judgment dated 30.08.2005 maintaining the sentence as well as fine. As per the case of the prosecution, the appellant is a Customs House Clearing Agent (CHA) for which he was having a valid license. A Transit Certificate (TC) was received by the Customs Authorities at Land Customs Station, Att .....

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received, which had the marking of 'AB', contained some narcotics as well. This information was received by one Shruti Kant Mahajan, Inspector (Customs) (PW-3). He passed on this information to his Superintendent Mr. P. S. Vist (PW-5). On receiving this information, two independent witnesses, viz., Balbir Singh and Kulwant Singh were summoned and an offer of search was made to the appellant under Section 50 of the Act as to whether he wanted the consignment to be searched in the presenc .....

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powder was Heroin. Panchnama was prepared and signed by independent witnesses. It was also found that the value of the Heroin recovered was ₹ 1,07,25,000/-. After completing the formalities, the appellant was arrested. After the investigation, challan was filed and the appellant was chargesheeted for committing offences under Sections 22 and 23 of the Act. The prosecution examined as many as five witnesses viz., R.K. Agnihotri, Inspector Customs(PW-1), RL Meena(PW-2), Shruti Kant Mahajan, .....

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h was, in fact, imported by M/s. AG Trading Company Delhi. His submission was that the appellant acted only as CHA Agent and, therefore, for the consignment in question, he could not be held responsible. This argument was considered by the Sessions Court as well as the High Court and was rejected after finding that M/s. AG Trading Company, Delhi, was a non-existing company and fake name was used for the import of the said consignment. Conduct of the appellant was also found to be suspicious inas .....

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mentioned that in the said consignment, one box was broken, out of which a powder like infested wood was seen falling and he smelt something wrong and confused and, therefore, had not come to take the delivery of the consignment. The High Court, in the impugned judgment, has discussed the evidence of the aforesaid witnesses which have proved the recovery of the material and after highlighting the contradiction in the statements of the appellant in the manner mentioned above, further discussion .....

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