2021-TIOL-895-HC-MAD-VAT

Rajshree Glass Ply Wood Vs State Of Tamil Nadu

Whether the FAA as well as the Tribunal can receive documents subject to the genuinity being proved - YES: HC

2021-TIOL-171-SC-NDPS

Boota Singh Vs State of Haryana

NDPS - The present appeal was filed to contest an order passed by the High Court of Punjab & Haryana, wherein the conviction of the appellants for offences under the NDPS Act and sentence awarded u/s 15 of the Act, had been upheld - The police had received a tip off that the appellants were engaged in selling Poppy straw - A raid was conducted wherein the appellants were apprehended - Two bags were recovered from the vehicle in which the appellants were travelling & such bags were found to contain 39 kg of Poppy Straw - The appellants were apprehended and subsequently FIR was lodged against them - Subsequently, the Trial Court considered the evidence on record and acquitted one of the accused, but convicted the others, including the appellants herein under Section 15 of the NDPS Act and sentenced them to suffer rigorous imprisonment for 10 years with imposition of fine in the sum of Rs.1,00,000/-, in default whereof they were directed to undergo further rigorous imprisonment for a period of two years - Such findings were later upheld by the High Court.

Held - The evidence in the present case clearly shows that the vehicle was not a public conveyance but was a vehicle belonging to accused Gurdeep Singh - The Registration Certificate of the vehicle, which has been placed on record also does not indicate it to be a Public Transport Vehicle - The explanation to Section 43 shows that a private vehicle would not come within the expression "public place" as explained in Section 43 of the NDPS Act - On the strength of the decision of this Court in Jagraj Singh alias Hansa (2016) 11 SCC 687 , the relevant provision would not be Section 43 of the NDPS Act but the case would come under Section 42 of the NDPS Act - It is an admitted position that there was total non-compliance of the requirements of Section 42 of the NDPS Act - The decision of this Court in Karnail Singh as followed in Jagraj Singh alias Hansa (2016) 11 SCC 687 , is absolutely clear - Total non-compliance of Section 42 is impermissible - The rigor of Section 42 may get lessened in situations dealt with in the conclusion drawn by this Court in Karnail Singh but in no case, total non-compliance of Section 42 can be accepted - In such circumstances, the High Court erred in rejecting the appellants' submissions - Hence the findings of the High Court are quashed and the appellants are acquitted of the charges levelled: SC

- Appeals allowed: SUPREME COURT OF INDIA