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TMI Blog2017 (5) TMI 732X X X X Extracts X X X X X X X X Extracts X X X X ..... entence dated 08.02.2010, vide which he has been sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay a fine of Rs. 1,50,000/- and in default thereof, he was further ordered to undergo rigorous imprisonment for a period of two years. 2. The brief facts giving rise to this prosecution are that on 12.09.2007, PW-5-ASI Satpal along with other police employees reached near village Nidana Gamdi from the side of village Kudak through main Kacha path in connection with patrolling and crime checking. When, the police party covered about 5/6 acres in the southern side on that path, the accused-appellant was noticed putting a jute bag on the Kacha path after lifting from the paddy field. On seeing the police jeep, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied the facts of the case and affixed his seal bearing impression 'RK' on the sample parcels and gunny bags containing the remainder poppy-husk. He directed the Investigating Officer to deposit the case property in the Malkhana of the Police Station. 4. The Investigating Officer prepared the inventory of the case property Ex.P-10. He also submitted his report under Section 52-A of the NDPS Act and produced the case property before the learned Judicial Magistrate Ist Class, Karnal on 13.09.2007. The learned Judicial Magistrate Ist Class, Karnal certified the inventory vide order dated 13.09.2007. The sample parcels were sent to the Forensic Science Laboratory, (for short-'F.S.L.'), Madhuban (Haryana) for examination, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e General, for the State of Haryana and have carefully perused the record of the case. 11. Initiating the arguments, learned counsel for the appellant contended that the entire case of the prosecution is based on the testimonies of the official witnesses. The place of occurrence was situated near Abadi, but even then no independent witness has been associated. Thus, the testimonies of the official witnesses are not reliable. He further contended that the accused cannot be stated to be in conscious possession of the two bags which were lying in the paddy field. As per statement of PW-3- ASI Nand Kishore, the witness of recovery, Kala Singh son of Satpal was in cultivating possession of the said paddy field. The said bags were visible from o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the testimonies of the official witnesses also carries the same evidentiary value and their testimonies cannot be discarded merely on the ground of their official designation. The learned defence counsel has not been able to point out any material contradiction in the statements of the prosecution witnesses. He also has not been able to point out any animus or motive for the false implication of the appellant. The Hon'ble Supreme Court in case Akmal Ahmed Vs. State of Delhi, 1999(2) RCR (Criminal) 265 has laid down that the evidence of search or seizure made by the police will not become vitiated solely for the reason that same was not supported by any independent witness. The same ratio of law has been laid down by the Hon'ble Apex Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is deliberate or intended. Moreover, once the possession of the contraband is established, the presumption under Sections 35 and 54 of the Act arises against the accused. The Hon'ble Supreme Court in case Madan Lal Vs. State of Himachal Pradesh 2003(4) RCR (Criminal) 100, has laid down that once the possession is established, the person who claims that it was not a conscious possession, has to establish it, because how he came to be in possession is within his special knowledge. It was further held that Section 35 of the Act gives a statutory recognition of this position because of presumption available in law. Similar is the position in terms of Section 54 of the Act, where also presumption is available to be drawn from the possessio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contended that the punishment awarded by the learned Judge, Special Court, Karnal is disproportionate to the act committed by the appellant. He contended that accused-appellant is in custody since the date of his apprehension. He had two small daughters and ailing parents. So, the lenient view be taken in the matter of sentence. 19. We found substance in this plea of learned counsel for the appellant. 20. As per the custody certificate, accused-appellant has undergone the total sentence of eight years nine months and nineteen days including remission as on 24.01.2017. He is in custody since the date of his arrest. It cannot be disputed that the accused-appellant has two daughters and also had responsibilities towards his family. Thus, he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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