"18. It is repeatedly laid down by this Court that in
such cases it should be shown by the police that
sincere efforts have been made to join independent
witnesses. In the present case, it is evident that no
such sincere efforts have been made, particularly
when we find that shops were open and one or two
shop-keepers could have been persuaded to join the
raiding party to witness the recovery being made
from the appellant. In case any of the shopkeepers
had declined to join the raiding party, the police could
have later on taken legal action against such
shopkeepers because they could not have escaped the
rigours of law while declining to perform their legal
duty to assist the police in investigation as a citizen,
which is an offence under the IPC".