NDPS - Evidence of Police officer as sole witness acceptable - Conviction upheld - SC
THERE is no legal proposition that evidence of police officials unless supported by independent evidence is unworthy of acceptance.
The Supreme Court yesterday delivered a landmark judgement in a Narcotics case.
It started 25 years ago in September 1990, when a police party seized 33 gunny bags containing poppy from a tractor with a trolley. In the trial court, the prosecution examined only one witness an Assistant Sub Inspector. The trial court acquitted the accused on the ground that only one prosecution witness was examined and his evidence was not trustworthy to base the conviction.
The High Court however reversed the acquittal and sentenced the accused to 12 years imprisonment. This was 2003. The convict appealed to the Supreme Court and the Supreme Court decided the case yesterday.
The Supreme Court observed that there is no legal proposition that evidence of police officials unless supported by independent evidence is unworthy of acceptance. Evidence of police witnesses cannot be discarded merely on the ground that they belong to police force and interested in the investigation and their desire to see the success of the case. Prudence however requires that the evidence of police officials who are interested in the outcome of the result of the case needs to be carefully scrutinized and independently appreciated. Mere fact that they are police officials does not by itself give rise to any doubt about their creditworthiness.
Twenty five years after he was arrested, the Apex Court has convicted him to ten years imprisonment.
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