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Shyam Kumar Vaishnav vs. State

24.00 2.40

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Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 8/21–Conviction–Appreciation and appropriate sentence–Recovery of contraband was made from a public place during the routine patrolling duty–No previous information or personal knowledge –Provisions of Secs. 42 & 50 do not apply–Argument that interpolation in the notice–It cannot falsify the entire documents especially when in the body of the document it was mentioned that the consent was obtained today–Next plea of defence that percentage of contraband was not given in FSL report–Cannot be accepted because the sample gave the positive test for the presence of diacetylmorphine (heroin)–Question of actual content will only arise if substance morphine is found–Held, the conviction was justified–Appellant has already undergone more than eight years–Default sentence of fine reduced from two years to six months.