who testified that on 23.12.2002, he and his colleagues were discharging their duties in Mangla Express, and the train had started from Nizamuddin Railway Station in New Delhi and was bound for Mathura. During the journey of train, they started checking its compartments and noticed the appellant, who was sitting on a tin box. They enquired from him about the contents in the tin box, but he could not give any satisfactory answer. On this, the police officials got suspicious about the appellant concealing something in the said tin box. When the train reached the Railway Station, at Faridabad, they handed over the accused along with the tin box to PW-3 SHO Maya Ram. In the cross-examination, PW-6 HC Manjit Singh admitted that the compartment was general, and it was full beyond its capacity and around 10 to 20 people were even standing in the compartment. He further admitted that in normal circumstances, the people who are standing can sit on anything they find including the tin box. However, in the statement recorded under Section 313 Cr.P.C, in answer to question No. 3, the accused stated that the clothes in the tin box belonged to him, whereas there was no charas in the tin box. Thus, the initial plea of defence, in which they tried to disconnect the box from accused does not hold any substance because the accused had himself given the statement under Section 313 Cr.P.C, and such answers can always be considered in view of sub-section (4) of Section 313 CrPC.
