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2013 (5) TMI 693 - SC - Indian LawsGuilty of the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - on search of the bags of appellant it was found that those contained 64 Kgs. of poppy straw powder packed in 32 bags of polythene - appellant contested that in the absence of corroboration from independent witnesses the evidence of only police officials should not have been given credence to - Held that:- It is noticeable that the evidence of PW-7, namely, Ritesh Kumar, has been supported by Balwant Singh, PW-5, as well as other witnesses. It has come in the evidence of Ritesh Kumar that he had asked the passerby to be witnesses but none of them agreed and left without disclosing their names and addresses. On a careful perusal of their version nothing by which their evidence can be treated to be untrustworthy. On the contrary it is absolutely unimpeachable. As there is no absolute rule that police officers cannot be cited as witnesses and their depositions should be treated with suspect therefore, the prosecution case cannot be doubted for non-examining the independent witnesses. Non-compliance of Section 50 of the NDPS Act - Held that:- In the case at hand 32 bags of poppy straw powder weighing 64 Kgs. had been seized from two bags. It has not been seized from the person of the accused-appellant. It has been established by adducing cogent and reliable evidence that the bags belonged to the appellant. As relying on Madan Lal v. State of H.P.[2003 (8) TMI 474 - SUPREME COURT] and State of H.P. v. Pawan Kumar [2004 (9) TMI 602 - SUPREME COURT] applying the interpretation of the word “search of person” to facts of present case, it is clear that the compliance with Section 50 of the Act is not required. Therefore, the search conducted by the investigating officer and the evidence collected thereby, is not illegal. Consequently, no merit in the contention of appellant as regards the non-compliance with Section 50 of the Act. Appeal rejected.
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