2013 (6) TMI 150

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....rs and to pay fine of Rs.1,00,000/- and in default thereof, to undergo further rigorous imprisonment for one year. Respondent-Inspector Customs, Ferozepur instituted criminal complaint against appellant-accused under Sections 22 and 23 of the Act alleging that on 27.02.1989, Nachhattar Singh, Station House Officer of Police Station Jalalabad was having secret information that the accused was indulging in smuggling activities. Accordingly, joint party of police officials and customs officials held nakabandi. At about 12.30am on the night intervening 27/28.02.1989, the accused was seen coming with a bag on his shoulder. The accused on seeing the naka party tried to slip away. However, he was overpowered. On search, five packets containing ....

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....gned judgment and order convicted and sentenced the appellant as already noticed hereinbefore. Feeling aggrieved, the convict has filed this appeal. I have heard learned counsel for the parties and perused the case file. Counsel for the appellant raised threefold contention. It was argued that although there was secret information with the police, the same was not reduced into writing nor sent to immediate official superior and, therefore, there has been total non-compliance with Section 42 of the Act entitling the appellant to acquittal. It was also argued that no independent witness was joined although nakabandi was held on the basis of secret information. Lastly, it was argued that the appellant has been acquitted in the case under....

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....has not alleged any ground whatsoever for his alleged false implication. Even otherwise, such large quantity of heroine of very high value would not have been planted on the accused to implicate him in a false case and that too without any rhyme or reason. Thus the three official witnesses who have deposed about recovery of the heroine from the appellant had no reason to depose falsely against the appellant. They were not hostile or inimical to the appellant in any manner. Consequently their statements are as much credible as those of so called independent or non-official witnesses. Statements of these three witnesses cannot be discarded merely because of their official status. In the aforesaid context, it is also significant to notice t....