Punjab State Electricity ... vs Ravinder Kumar Sharma & Ors., Etc on 27 October, 1986
6. Perusal of the testimony of recovery witnesses and other prosecution
witnesses would reveal that the prosecution witnesses have
corroborated each other on material particulars of the matter and
nothing material could be brought out in the cross examination of the
prosecution witnesses to impeach the creditworthiness or
trustworthiness of the witnesses. All the prosecution witnesses have
supported the case of prosecution in Toto. The recovery witnesses have
consistently deposed that the accused were apprehended at the spot
and total 25 kg of 'Opium' was recovered from them, which was seized
after drawing samples. They have deposed consistently that FSL form
SC no. 39/11 FIR no. 149/10 State vs. Ravinder & anr. Dtd; 26-08-2013 Pg.. 10 of 37
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was filled up at the spot. Other prosecution witnesses have completed
the chain of deposition of case property in the Malkhana and, from
Malkhana the sample was taken to the FSL. There is no evidence of
tampering with the case property in any manner and there is no
plausible reason, as to why the accused would be falsely implicated in
the case. Rather the testimony of PW-2, 6, 8 & PW-10 is believable and
trustworthy. The testimony of other prosecution witnesses is also in lines
to the case of prosecution. PW-2, 3, 8 & 10 have proved compliance of
Section 42 & Section 57 of NDPS Act within the stipulated period. The
FSL result clearly establishes that the material recovered was indeed
'Opium'