Kulwinder Singh & Anr. Vs. State of Punjab
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 15
Appeal against Conviction - Search and Seizure - Independent Witness - Non-examination - Adverse inference - Explanation offered by the investigating agency that they had been won over - Said explanation has been totally substantiated inasmuch as they have been examined as defence witnesses - It is well settled in law that what is necessary for proving the prosecution case is not the quantity but the quality of the evidence.
Search and Seizure - Conscious Possession - There were 110 bags of poppy husk being carried in the truck - Presence of the appellants has been proven - It establishes their control over the bags - They had run away from the spot and absconded for some days from the village - Circumstances clearly establish that they were aware of the poppy husk inside the bags and in such a situation, it is difficult to accept that they were not in conscious possession of the said articles.
Test Identification Parade - Non holding of - Identification test does not constitute substantive evidence and it is primarily meant for the purpose of helping the investigating agency with an assurance that their progress with the investigation of an offence is proceeding on the right lines - Identification by witness first time in Court of the accused-appellants - Except giving a bald suggestion that they have not seen the accused persons, there is nothing in the cross-examination - Identification for the first time in Court accepted.
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50
Search and Seizure - Section 50 only applies in case of personal search of a person, but it is not extended to a search of a vehicle or a container or a bag or premises - Submission that non-compliance of Section 50 vitiates the conviction repelled.
Topic(s)-NDPS - Conscious Possession - Conviction
Important Decision(s)- Test Identification Parade - Non holding of - Identification test does not constitute substantive evidence and it is primarily meant for the purpose of helping the investigating agency.