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Sumit Tomar vs State Of Punjab on 19 October, 2012

7. The main thrust of arguments of learned counsel for the appellants is that the decoy customer - Vinod Kumar has not been examined and, therefore, the entire prosecution story has to be rejected. In the absence of independent witness, the conviction based on official witnesses cannot be sustained. Substantially similar plea was taken in Sumit Tomar vs. The State of Punjab, (2013) 1 SCC 395 which was a case under Narcotic Drugs and Psychotropic Substances Act, 1985 and one Kaur Singh was joined by the prosecution, but was not examined. It was held by the Hon'ble Supreme Court that the prosecution should have examined him but it was the stand of prosecution that in spite of necessary steps taken by issuing summons, he did not appear and for that reason prosecution case cannot be thrown out. If the statements of police officials are reliable and no animosity is established against them by the accused then the conviction based on their statements cannot be faulted with.
Supreme Court of India Cites 6 - Cited by 51 - P Sathasivam - Full Document
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