TaxTMI 
TaxTMI 
2016 (3) TMI 940
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....Judge-cum-Special Judge, Araria, in Special Case No.13 of 2006/Trial No.18 of 2006. 2. The case of the prosecution, according to the Complainant Mukesh Kumar Bhardwaj, Inspector Customs (Preventive), Land Customs Station Jogbani (P.W.2), is that on 12.09.2006, a truck bearing Registration No.NAIKH-9336 was intercepted at Border Check Post, Jogbani by the Officers of the Customs and Appellant was arrested from the said truck. A secret cavity was found on the floor of the truck which was forcibly opened and from the same 116 packets of Ganja weighing 432.900 kilograms was recovered. The Appellant was interrogated by the officials and, thereafter, the prosecution report was instituted on 13.11.2006 after receipt of the F.S.L. Report dated 25.....
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.... prepared in presence of the witnesses marked as Ext.1/1. He also prepared the seizure list which is marked as Ext.5. He drew the samples from the packets in lots of 1 to 40, 41 to 80 and 81 to 116 and sent it for testing. He proves the analysis report (Ext.6). He also proves the statements of the Appellant, which is Ext.7 and the interrogatory (Ext.4/1) on which there are signatures of the witnesses, accused, Superintendent and himself. He stated that the Appellant admitted his guilt whereafter he was produced before the Special Judge. He prepared the Prosecution Report (Ext.8). In cross examination, we find that he explained the entire procedure in terms of time as to when truck was seized and the articles recovered. He stated that the Ga....
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....ice who stated that he on direction of the Senior Officers he topped the vehicle in question and took it to the office and checked it. He learnt that Ganja was recovered from the truck and the Appellant was driving the said truck. He does not say anything in the cross examination which is to be noted down. 9. P.W.7 Indrajeet Prasad Singh was also the Customs Superintendent at Jogbani on the date of occurrence who corroborated the earlier statements of the witnesses. He stated, in cross examination, that he had not taken any action in the matter. 10. On going through the evidence on record, we find that whereas P.W.1, P.W.2, P.W.3, P.W.4, P.W.5, P.W.6 and P.W.7 are corroborative witnesses on the point of interception of the truck, Appellan....