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Issues involved: Compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, independence of a panch witness, probative value of evidence regarding contraband testing.
Compliance with Section 50 of the Act: The judgment addressed the argument that the searching officer did not strictly comply with Section 50 of the Act during the search. The officer informed the appellant of his right to be searched in the presence of a Gazetted Officer or a Magistrate, even though the officer's understanding of the section was unaided by interpretation. The court considered this communication as substantial compliance with the requirement of Section 50, rejecting the claim of non-compliance. Independence of a Panch Witness: Another issue raised was the independence of a panch witness who had assisted the police in other cases. The court dismissed the notion that witnessing other instances would compromise the witness's independent character, indicating that such involvement did not automatically discredit the witness's testimony. Probative Value of Evidence on Contraband Testing: The defense attempted to challenge the evidence regarding contraband testing based on a truncated statement from the analyst during cross-examination. The analyst had mentioned uncertainty about the presence of cow dung in the contraband, but in the certificate and examination-in-chief, he clearly identified the substance as "charas." The court concluded that the isolated answer did not diminish the overall probative value of the analyst's evidence. In conclusion, the Supreme Court upheld the conviction and sentence of the appellant, citing no grounds for interference based on the consistent findings of the lower courts. The appeal was consequently dismissed.
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