2011 Supreme(All) 2811
[2011(10) ADJ 36 (NOC)]
ALLAHABAD HIGH COURT
VINOD PRASAD, J.
SHYAM BABU VISHWAKARMA AND ANOTHER ....Appellants (In Jail)
Versus
STATE OF U.P. ....Opposite Party
(Criminal Appeal No. 3916 of 2010, decided on 14th October, 2011)
Advocates:
Birendra Singh and Jagdish Singh Sengar for the Appellants; Sangam Lal Kesharwani, A.G.A. for the Opposite Party.
Headnote:Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 22 (c), 50, 21, 57 and 42—(Indian) Penal Code, 1860—Sections 489(c) and 157—Evidence Act, 1872—Section 25—Motor Vehicles Act, 1988—Sections 181, 192, 196 and 207—Recovery—Contraband substances—Conviction—Sustainability of—In present case further investigation conducted by CBCID—Report of chemical analyst neither exhibited nor proved—Recovery of Contraband would not fasten guilt of appellant merely on statement given to police party as confessional statement—Which is hit by Section 25 of Act—Firstly informant has not taken down in writing secret i.e. information received by him—Nor intimated to his superior officer—This fact is not mentioned either in recovery memo—Nor there is any document to that effect—Testimonies of witness contradictory—A bad witness does not add to bad evidence to make it good evidence—No independent witness examined—Although, recovery of contraband shown from appellant’s house—Trial Court relied on unreliable evidence—There is differences in sample coloumn—Conviction set aside.
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