TaxTMI 
TaxTMI 
2015 (4) TMI 1338
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.... (herein-after referred to as 'NDPS Act'). In default of payment of fine, he has been sentenced to further undergo rigorous imprisonment for one year. Whereas, accused/appellant Bhupender Chauhan has been convicted and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs. 1,00,000/- for his having committed offence punishable under Section 29 read with Section 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985. In default of payment of fine, he has been sentenced to further undergo rigorous imprisonment for one year. 2. Brief facts of the case are that on 26.07.2010 at 6.00 PM, a police party consisting of SI Krishan Chand, LHC Hans Raj and C. Sohan Lal, PW-1 of PP, Sainj in Vehicle Tata Sumo No. HP-01K- 2095 driven by C. Bhushan Kumar proceeded towards Bihali, Lajri, Chor Nallah for patrolling vide rapat Ext. PW6/A. At about 7.15 P.M when the police party was present at Chor Nallah, the accused (Anil Kumar) was noticed coming from Banjar Side and on sighting the police party, he turned back and tried to escape, but he was nabbed on suspicion by the police. Name and address of the accused were ascertained. The site of occurrence....
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....olumns of NCB-1 in triplicate Ex.PW10/D and deposited the case property with MHC, P.S. Banjar. PW-10 MHC Shesh Raj entered case property in Malkhana register, the abstract of which is Ex.PW10/A. The Investigating Officer prepared special report Ex.PW2/A and submitted the same before Dy. S.P., who after making endorsement thereon handed over it to PW-2 HC Harbans Kumar, who entered the same at Sr. No.50 in the relevant register, the abstract of which is Ex.PW2/B. 3. During the course of investigation, accused Anil Kumar made a disclosure statement Ex.PW1/G to the effect that he met Gopal alias Bangali on 25.7.2010, who arranged for his stay in house near Bus Stand Banjar. On 26.7.2010 opium and charas in a bag was given to him by said Gopal alias Bangali. Thereafter, accused Anil Kumar identified the house of Bhupender Chauhan and the Investigating Officer prepared identification memo Ex.PW13/C and site plan Ex.PW13/G. Accused Anil Kumar also identified the place where charas and opium were given to him. The Investigating Officer prepared identification memo Ex.PW1/H and spot map Ex.PW14/D. SHO Surender Pathak also took in to possession certificate Ex.PW13/D, learner's lic....
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.... of conviction, recorded by the learned trial Court. The learned counsel for the accused, have concertedly and vigorously contended that the findings of conviction, recorded by the learned trial Court, are not based on a proper appreciation of the evidence on record, rather, they are sequelled by gross mis-appreciation of the material on record. Hence, they contend that the findings of conviction be reversed by this Court, in the exercise of its appellate jurisdiction and be replaced by findings of acquittal. 9. On the other hand, the learned Additional Advocate General, appearing for the respondent-State, has, with considerable force and vigour, contended that the findings of conviction, recorded by the Court below, are based on a mature and balanced appreciation of evidence on record and do not necessitate interference, rather merit vindication. 10. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 11. Even though the prosecution witnesses have deposed in tandem and in harmony qua each of the links in the chain of circumstances commencing from the proceedings relating t....
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....efforts to mobilize or elicit their participation in the apposite proceedings at the site of occurrence, marshals an inference that his lack of concert to solicit the participation of the independent witnesses in the apposite proceedings at the site of occurrence, was prodded by an oblique motive on the part of the Investigation Officer to conceal the truth or also gives leeway to an inference that the proceedings as conducted at the site of occurrence are imbued with intransparency, hence, vitiated. 13. Now for discerning from the evidence on record, for rendering an apt conclusion that the Investigating Officer despite availability of independent witnesses had omitted to endeavour to elicit their participation in the apposite proceedings, at the site of occurrence, for hence rendering them to be flawed as well as vitiated, an advertence to the testimony of PW-1 is required to be made. The testimony of PW-1 C. Sohan Lal as existing in his cross-examination portrays an admission on the part of this witness that the house of Ex-President of Panchyat Kotla is located between Larji Mour and Village Thuari. Moreover, there also exists an admission in his cross-examination qua the ex....