IMPORTANT POINT
There is no absolute rule that police officers cannot be cited as witnesses and their depositions should be treated with suspect.

Judgment :-

Dipak Misra, J.

The appellant herein has been found guilty of the offence under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, `1985 (for short “the NDPS Act”) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of rupees one lakh and, in default of payment of fine, to suffer simple imprisonment for two years.

2. On 22.7.2005, Ritesh Kumar, a Sub-Inspector, while patrolling reached at the outer gate of ISBT where Constable Balwant Singh met him and both of them found the accused-appellant sitting on two white coloured bags on the left side of the footpath. On seeing the police party he tried to run away leaving the bags which raised a suspicion in the mind of the Sub-Inspector and that led to the apprehension and interrogation of the accused. Eventually, on search of the bags, it was found that those contained 64 Kgs. of poppy straw powder packed in 32 bags of polythene. After the search was carried out samples were sealed and sent to the Forensic Science Laboratory for examination. The investigating agency on completion of other formalities filed the charge-sheet before the trial Court.

3. The accused pleaded false implication and claimed to be tried.

4. On behalf of the prosecution eight witnesses were examined including the Sub-Inspector, Ritesh Kumar, and Constable Balwant Singh. The learned Additional Sessions Judge, Delhi in Sessions Case No. 90 of 2006, considering the material on record, found the accused guilty of the offence and imposed the sentence as has been stated hereinbefore.

5. Ms. Sushmita Lal, learned counsel for the appellant, has raised two contentions, namely, (i) though the alleged seizure had taken place at a crowded place, yet the prosecution chose not to examine any independent witness and in the absence of corroboration from independent witnesses the evidence of only police officials should not have been given credence to and (ii) there has been non- compliance of Section 50 of the NDPS Act inasmuch as the accused was not informed his right to be searched in presence of a gazetted officer or a Magistrate despite the mandatory nature of the provision and, therefore, the conviction is vitiated.

6. Per contra, it is urged by Mr. Rakesh Khanna, learned Additional Solicitor General and Mr. Vivek Chib, learned advocate appearing for the respondent, state that the learned trial Judge as well as the High Court has correctly placed reliance on the testimony of the official witnesses and there is no mandatory rule that non- examination of independent witnesses in all circumstances would vitiate the trial. It is their further submission that Section 50 of the NDPS Act is not attracted to the case at hand as two bags were searched and not the person of the accused-appellant.

7. To appreciate the first limb of submission, we have carefully scrutinized the evidence brought on record and perused the judgment of the High Court and that of the trial Court. It is noticeable that the evidence of PW-7, namely, Ritesh Kumar, has been supported by Balwant Singh, PW-5, as well as other witnesses. It has come in the evidence of Ritesh Kumar that he had asked the passerby to be witnesses but none of them agreed and left without disclosing their names and addresses. On a careful perusal of their version we do not notice anything by which their evidence can be treated to be untrustworthy. On the contrary it is absolutely unimpeachable. We may note here with profit there is no absolute rule that police officers cannot be cited as witnesses and their depositions should be treated with suspect. In this context we may refer with profit to the dictum in State of U.P. v. Anil Singh [1988 Supp SCC 686], wherein this Court took note of the fact that generally the public at large are reluctant to come forward to depose before the court and, therefore, the prosecution case cannot be doubted for non-examining the independent witnesses.

8. At this juncture a passage from State,