(1.) The trial court handed down a verdict of guilty against the appellant and sentenced the appellant to undergo Rigorous Imprisonment for ten years and to pay a fine in the sum of Rs.1,00,000/-, in default of payment of fine, he was further ordered to undergo Simple Imprisonment for six months for the offence of possessing heroin weighing 5 Kilograms under Section 8/21 NDPS Act. Aggrieved by that order, the appellant has filed the present appeal. Adumbrated in brief, the case of the prosecution is that following a tip off, the appellant was nailed with the abovesaid heroin, on 28.12.1996 at about 8.45 PM near Police Check Post of Singhu Border, while he was coming in a car along with one Jagdeep Singh.
(2.) The argument urged by the learned counsel for the appellant is many branched. First of all, it was submitted that the search should have been conducted at the spot itself. However, the proceedings were conducted at ITO at the Office of respondent, which is situated at a distance of 25 kilometers from the spot. The appellant followed respondent's vehicle upto ITO. The learned counsel for the appellant stressed that it is surprising to note that on such a long distance the appellant could have managed dodge to the Officers of the respondent. It was easy for him to slip away as there remains heavy traffic and a large number of red lights intervene in the way. Again, if the appellant was having the contraband, he could have thrown it out of the car during the travel of 25 kilometers with the help of Jagdeep Singh, who was accompanying him. He argued that this is a clear pointer to the fact that the appellant did not have the contraband and has been framed in this case.
(3.) These arguments carry no conviction. In an authority reported in M. Prabhulal v. Assistant Director, Directorate of Revenue Intelligence, AIR 2003 SC 4311, the facts were these. The car and truck having contraband were apprehended on 15.05.1993. The seizure of the narcotics took place between 6.00-9.00 PM at the Customs House and the statements of the accused were recorded on 16th and 17th May, 1993. The Apex Court held :
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