2013 (7) TMI 1155 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Lack of independent witnesses.
3. Conscious possession of contraband material.
4. Compliance with Section 313 of the Code of Criminal Procedure, 1973.
5. Reliance on police witnesses.

Summary:

1. Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985:
The appellants were convicted u/s 15 of the Act by the trial court and sentenced to 10 years of rigorous imprisonment and a fine of 1 lakh rupees each. The High Court affirmed this judgment.

2. Lack of Independent Witnesses:
The appellants argued that no independent witness was examined despite the presence of villagers at the scene. The prosecution contended that no one was willing to become a witness, and the law does not mandate independent witnesses in every case. The court held that the absence of independent witnesses does not invalidate the prosecution's case if the police witnesses' testimonies are credible.

3. Conscious Possession of Contraband Material:
The appellants claimed they were not in conscious possession of the contraband. The court noted that the appellants' attempt to flee and their failure to explain the presence of the contraband in the jeep indicated conscious possession. The statutory presumption u/s 54 and 35 of the Act was applied, shifting the burden to the appellants to prove otherwise, which they failed to do.

4. Compliance with Section 313 of the Code of Criminal Procedure, 1973:
The appellants argued that the incriminating circumstance of conscious possession was not put to them u/s 313 Cr.P.C. The court found that the issue was not raised before the High Court and no prejudice was shown to have been caused to the appellants. The court emphasized that non-compliance with Section 313 Cr.P.C. does not vitiate the trial unless material prejudice is demonstrated.

5. Reliance on Police Witnesses:
The court held that the evidence of police officials cannot be discarded merely because they belong to the police force. Their testimonies must be scrutinized strictly, but they are not inherently unreliable. The court found the police witnesses' testimonies credible and corroborated by other evidence.

Conclusion:
The appeal was dismissed as the court found no merit in the appellants' arguments. The conviction and sentence were upheld.