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2013 (10) TMI 953 - HC - CustomsGuilty 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 2.680 Kgs. of poppy straw powder packed in 2 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 has been supported by PW-5, as well as other witnesses. It has come in the evidence of PW7 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 2 bags of poppy straw powder weighing 2.680 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. No recovery was affected from the person of the accused and in fact the recovery was from the checked-in baggage of the accused, therefore, there was no requirement for compliance of Section 50 of NDPS Act. Non-examination of independent witnesses does not cast doubt on the prosecution case - no rule of thumb can be laid down to arrive at a conclusion as to what is the effect of non-examination of panch witnesses. Each case has its own facts - Following decision of Ram Swaroop Versus State (Govt. NCT) of Delhi [2013 (5) TMI 693 - SUPREME COURT] and Gita Lama Tamang v. State of (G.N.C.T.) of Delhi [2006 (11) TMI 545 - DELHI HIGH COURT] - Decided against assessee.
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