2016 (7) TMI 115

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....(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 further simple imprisonment for three years. 2) Brief facts: On an information received on 09.07.1996 at about 10.00 a.m. in the morning that in Jeep No. UP 03-1113 going from Dharchula to Pithoragarh, a boy is carrying Charas in a bag, the police team went at the Gauripul check post and at about 11.00 a.m. the said Jeep arrived at the check post Gauripul, it was stopped. When the jeep was checked, it was found that one boy was sitting in its middle seat with a bag on his lap. On being asked as to what was in his bag, he became nervous. On suspicion, the bag was lifted and the sam....

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....cused guilty of the offence punishable under Section 20 of the NDPS Act and sentenced him to undergo imprisonment for ten years with labour and fine of Rs. One lakh, in default to pay fine, to undergo further simple imprisonment for three years. 5) Aggrieved by the order of the conviction and sentence passed by the Trial Court, the appellant filed an appeal being Criminal Appeal No. 311 of 2002 before the High Court. 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....

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....ed that no case is made out to interfere in the impugned judgment. It was his submission that Firstly, the evidence adduced by the prosecution is sufficient to warrant the appellant'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 to prove their case against the appellant beyond reasonable doubt and t....

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....ns 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 necessary for the prosecution to examine all the witness cited by them. It is for the prosecution to decide as to how many witnesses they consider it proper to examine to prove their case against the accused and whether their evidence would be sufficient to warrant the conviction of the accused. Thereafter it is for t....