2009 SCCL.COM 729(Case No: Criminal Appeal Nos. 1158-1159 of 2004)
Union of India Appellant versus Shah Alam and another Respondents
Date of Decision(mm/dd/yy): 6/11/2009.
Judge(s): Hon'ble Mr. Justice B. Sudershan Reddy and Hon'ble Mr. Justice Aftab Alam.
Subject Index: NDPS Act, 1985 — sections 8 and 21 — conviction under — for possessing 100 grams of heroin — the alleged recovery of heroin from the respondents was made in complete violation of the provisions of Section 50 of the Act. Apart from this the non-examination of the two independent witnesses of the search and recovery was another grave omission by the prosecution — a formal petition for discharge of the two witnesses was filed by the prosecution before the trial court and it is not that they were simply not produced before the court — the High Court took the correct view of the matter and the judgment coming under appeal does not suffer from any infirmity.