Matching Fragments
SC No. 23A/10 DRI Vs. Gurtej Singh Batth
60. Further, there is also not found to be any
merit in the contention of Ld defence counsel that since
none of the other persons named by the accused in his
above statement could be interrogated or apprehended in
this case and made accused by the DRI, the evidence led
on record is not sufficient to convict the accused for
the alleged offences. It is so because no charge for
the offence of criminal conspiracy punishable U/S 29 of
the NDPS Act is found to be framed against him in this
case and the evidence led on record is fully admissible
and relevant with reference to the other charges framed
against him regarding the possession and attempt to
export the above contraband substance, which are
punishable U/S 21(c) and Section 23 r/w Section 28 of
the NDPS Act. Further, simply because the above secret
information was not entered into any separate register
or diary, the genuineness thereof cannot be doubted as
the same was atleast reduced into writing in the form of
Ex. PW1/A, even though it was not mandatorily required
to be so reduced by any provision of the NDPS Act or the
Rules framed thereunder. No violation of any other
mandatory provision of the NDPS Act or the Rules thereof
has also been pointed out by Ld defence counsel or
visible from the evidence led on record. No challenge
has also been made to the intactness of the parcels of
the samples and case property of the case at any stage
and even otherwise, the evidence led on record duly
establishes that the same had remained safe and intact
at all the times and were also produced in intact
SC No. 23A/10 DRI Vs. Gurtej Singh Batth
condition, during the trial in this court.
62. Therefore, in view of the above discussion, it
is held that the evidence led by the prosecution on
record is sufficient to prove the charges for the
offences punishable U/S 21(c) and 23(c) r/w Section 28
of the NDPS Act as framed against the accused, with
SC No. 23A/10 DRI Vs. Gurtej Singh Batth
regard to the possession of the above heroin and also of
an attempt to export the above heroin outside India, and
the accused is held guilty and convicted for the above
said offences. Let he be now heard on the quantum of
sentence.
