LexRAM SWAROOP versus STATE (GOVT. NCT) OF DELHI
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[2013] 3 S.C.R. 791 RAM SWAROOP v. STATE (G0VT. NCT) OF DELHI (Criminal Appeal No. 1327 of 2010) MAY 21, 2013 [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.) Narcotic Drugs and Psychotropic Substances Act, 1985 - Search and seizure - Reliance placed only on the testimony A B of official witnesses I police officials - Non-examination of C independent witnesses - Effect - Held: There is no absolute rule that police officers cannot be cited as witnesses and their depositions should be treated with suspect - Generally the public at large are reluctant to come forward to depose before the court and, therefore, the prosecution case cannot be D doubted for non-examining the independent witnesses - In the case at hand, the evidence of PW-7 (Sub Inspector) was supported by PW-5 (Constable), as well as other witnesses - It has come in the evidence of PW-7 that he had asked the passerby to be witnesses but none of them agreed and left E without disclosing their names and addresses - The evidence of PW-5 and 7 being absolutely unimpeachable, no reason to hold that non-examination of independent witnesses affected the prosecution case. Narcotic Drugs and Psychotropic Substances Act, 1985 F - s.50 - Applicability of - Held: On facts, 32 bags of poppy straw powder weighing 64 Kgs. had been seized from two bags belonging to the accused-appellant - There was no seizure from the person of appellant - Clearly therefore s.50 of the Act was not attracted and consequently compliance with s.50 G of the Act was not required in the facts and circumstances of the case. While on patrolling duty, two police officials, PWs 5 791 H 792 SUPREME COURT REPORTS [2013] 3 S.C.R. A and 7 found the accused-appellant sitting on two white coloured bags. On search of the bags, it was found that those contained 64 Kgs. of poppy straw powder packed in 32 bags of polythene. The appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic B Substances Act, 1985 (NDPS Act") and sentenced to undergo rigorous imprisonment for ten years and further directed to pay a fine of rupees one lakh. In the instant appeal, the appellant raised two C 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 that (ii) there was non-compliance D 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 was vitiated. E Dismissing the appeal, the Court HELD: 1. The evidence of PW-7 (Sub-Inspector) has been supported by, PW-5 (Constable), as well as other witnesses. It has come in the evidence of PW7 that he had F 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 this Court does not notice anything by which their evidence can be treated to be untrustworthy. On the contrary it is G absolutely unimpeachable. There is no absolute rule that police officers cannot be cited as witnesses and their depositions should be treated with suspect. Generally the public at large are reluctant to come forward to depose bef9re the court and, therefore, the prosecution case H cannot be doubted for non-examining the independent RAM SWAROOP v. STATE (GOVT. NCT) OF DELHI 793 witnesses. It can safely be stated that in the case at hand A there is no reason to hold that non-examination of the independent witnesses affected the prosecution case. [Paras 7, 10) [796-E-H; 797-A; 798-C] State of U.P. v. Ani/ Singh 1988 Supp SCC 686: 1988 B Suppl. SCR 611; State, Govt. of NCT of. Delhi v. Sunil and Another (2001) 1 SCC 652: 2000 (5) Suppl. SCR 144 and Ramjee Rai and Others v. State of Bihar (2006) 13 SCC 229: 2006 (5) Suppl. SCR 240 - relied on. 2. In regard to the issue pertaining to non- C compliance of Section 50 of the NDPS Act, the appellant has strenuously urged that the provision, being . mandatory, there has to be strict compliance. But, a significant one, in the case at hand 32 bags of poppy straw powder weighing 64 Kgs. had been seized from D two bags. It has not been seized from the person of the
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