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2017 (2) TMI 873 - HC - CustomsContraband item - heroin - Learned counsel for the appellants urged that the Trial Court did not appreciate the evidence in its true and proper perspective. It ignored vital discrepancies and infirmities in the statements of the prosecution witnesses without cogent reasons. It overlooked that material independent public witnesses were not produced during evidence. The case property was tampered with - Held that: - True, it is not a rule of law that public witnesses should be joined in every eventuality and no conviction can be based upon the testimonies of police/official witnesses. Sometimes it becomes highly difficult for the police/official witnesses to associate independent public witnesses for various reasons. At the same time, it is undoubtedly true that joining of independent public witness is not an empty formality. The Investigating Officer is required to make genuine efforts to associate genuine independent public witnesses. The appellants have produced many documents containing information received through RTI. Number of documents produced in defence reveal that in similar circumstances, in most of the cases, independent public witnesses relied upon by DRI were dropped and could not be served or were found not traceable. It is really a matter of concern. It cannot be coincidence that in various cases detailed in Ex. DW-1/D, the public witnesses won’t be available/traceable. The law on this aspect is that “stringent the punishment stricter the proof.” In such like cases, the prosecution evidence has to be examined very zealously so as to exclude every chance of false implication - appeal allowed by way of remand.
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