1996 (9) TMI 606 - HC - Customs

Summary

Issues Involved:
1. Delay in sending the sample to CFSL and the custody of the seal.
2. Absence of public witness testimony.
3. Validity of the CFSL report without detailed reasons.
4. Conviction based solely on police testimony without independent corroboration.

Detailed Analysis:

1. Delay in Sending the Sample to CFSL and Custody of the Seal:
The appellant contended that the trial was vitiated due to the seal remaining with the SHO and a delay of 17 days in sending the sample to CFSL. The SHO testified that the charas was sealed with two seals (C.S.R. and S.K.S.), and the case property was handed over to Moharrir Malkhana for safe custody. The Moharrir Malkhana confirmed the receipt and safe custody of the sealed parcels and CFSL form. Constable Rajinder Singh corroborated the timely delivery of the sample to CFSL without tampering. The court found no evidence of tampering and held that the overall evidence did not suggest any possibility of tampering, thus rejecting the appellant's argument.

2. Absence of Public Witness Testimony:
The appellant argued that the absence of public witness testimony undermined the prosecution's case. The court acknowledged the general reluctance of the public to participate in legal proceedings and noted that the prosecution made efforts to include an independent witness who later became unavailable. The court emphasized that the prosecution's case cannot be doubted solely due to the absence of public witnesses, referencing the Supreme Court's observations on public apathy in legal matters. The court found the police testimony credible and consistent, thereby upholding the conviction despite the lack of public witness corroboration.

3. Validity of the CFSL Report Without Detailed Reasons:
The appellant claimed that the CFSL report was invalid as it lacked detailed reasons. The court distinguished the present case from the cited precedent (Chandrasegar Vs. State), noting that in this case, the public analyst had appeared as a witness and provided reasons for his findings. The analyst's qualifications and extensive experience were highlighted, and his testimony confirmed the integrity of the sample and the positive test for charas. The court found no reason to doubt the CFSL report and upheld its validity.

4. Conviction Based Solely on Police Testimony Without Independent Corroboration:
The appellant contended that the conviction should not be based solely on police testimony without independent corroboration. The court referred to precedent (Munilal Vs. State) and acknowledged the general principle of reluctance to convict solely on police testimony. However, the court also recognized the practical challenges faced by the police in securing public cooperation. The court found the police testimony credible and consistent, with no evidence of enmity or motive to falsely implicate the appellant. The court held that the absence of public witnesses did not invalidate the conviction, given the credible and corroborated police testimony.

Conclusion:
The court dismissed the appeal, maintaining the conviction and sentence of the appellant. The court found no grounds to set aside the trial court's judgment, emphasizing the credibility and consistency of the police testimony and the lack of evidence suggesting tampering or procedural irregularities.