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1 - 8 of 8 (0.32 seconds)Section 50 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 55 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 57 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Ajmer Singh vs State Of Haryana on 15 February, 2010
22. The next contention raised by Ld counsel has been
that no public witness was joined and the testimony of
police officials is not to be relied upon as they are always
interested in success of the prosecution case. On
consideration of testimony of the witnesses as well as
documentary evidence, I find no reason to discard their
evidence. It is consistently stated by all members of the
raiding party that efforts were made by the IO to join
public witnesses but no one came forward. There is no
suggestion to the prosecution witnesses that no such
S.C.No. 67/06 Page 14 of 17 pages
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efforts were made. Otherwise also, it is not uncommon
that public persons are reluctant to join police proceedings
as they do not want to get involved in hectic police and
court proceedings. Merely for the reason that no public
person joined the raid, the officials cannot be disbelieved.
It has also been held by Supreme Court in Ajmer Singh Vs
State of Haryana, 2010 (2) RCR, Crl. 132 that non joining of
independent witness is not fatal to the prosecution case
particularly when efforts were made by the investigating
party to join public witness but none was willing. It was
held that accused cannot be acquitted only because no
independent witness was produced. The conviction was
upheld in this case.
The Code of Criminal Procedure, 1973
Section 42 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
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