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TMI Blog2011 (2) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... d that no independent witness was examined - There is no evidence that there was any previous enmity between the public officials concerned and the petitioner, who in fact, was a stranger or that they wanted him to implicate in a false case - the guilt was brought home to the accused beyond any shadow of doubt and conviction and the sentence as imposed by learned trial Judge do not suffer from any infirmity to warrant interference - The revision is dismissed - Criminal Revision No.926 of 2005. - - - Dated:- 15-2-2011 - MR. JUSTICE NAWAB SINGH, J. Present: Mr. D.S. Pheruman, Advocate, for the petitioner, Mr. H.P.S. Ghuman, Advocate, for the respondent. NAWAB SINGH J.(ORAL) This revision is directed against the judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed) was his friend. He was arrested under National Security Act and after his release, he started assisting Amrik Singh who was a smuggler. Amrik Singh used to smuggle gold from Pakistan and he (petitioner) used to transport the same to various places for which he was paid Rs.30,000/- per consignment of hundred gold biscuits. It was also stated by him that the recovered gold biscuits were delivered to him by one Deesha, an associate of Amrik Singh, a day prior to the recovery, that is, March 5th, 1989 at his residence and the same was to be delivered to one Babbo on March 6th, 1989 at 11 a.m. 3. The Custom Department's officials after obtaining sanction filed complaint under Section 135 of the Act in the Court of Chief Judicial Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of learned counsel pales into insignificance because it has come in the statements of Kapil Sood (PW-1) and Krishan Kumar (PW-2) that Vinod Kumar and Gian Singh were joined as independent witnesses although they were not examined in the Court. There is no legal proposition that evidence of public officers, unless supported by independent witnesses, is unworthy of acceptance. Non-examination of independent witness or even presence of such witness during raid would cast an added duty on the Court to adopt greater care while scrutinizing the evidence of the public officers. If the evidence of the public officer is found acceptable, it would be an erroneous proposition that Court must reject the prosecution version solely on the ground that no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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