https://www.taxtmi.com/caselaws?id=301472 In an NDPS prosecution, the unexplained failure to associate independent witnesses at a place near inhabited localities materially weakened the search and recovery evidence. Although the recovery of charas and opium was supported by official witnesses, the absence of any serious to join independent witnesses in the seizure proceedings created doubt about the transparency of the investigation and reduced the evidentiary value of the official testimony. The trial court did not properly consider this circumstance, and the prosecution evidence was held insufficient to prove guilt beyond reasonable doubt. The conviction and sentence were set aside and the accused were acquitted. en-us Tue, 21 Apr 2015 00:00:00 +0530 Tue, 05 Apr 2022 21:46:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301472 In an NDPS prosecution, the unexplained failure to associate independent witnesses at a place near inhabited localities materially weakened the search and recovery evidence. Although the recovery of charas and opium was supported by official witnesses, the absence of any serious to join independent witnesses in the seizure proceedings created doubt about the transparency of the investigation and reduced the evidentiary value of the official testimony. The trial court did not properly consider this circumstance, and the prosecution evidence was held insufficient to prove guilt beyond reasonable doubt. The conviction and sentence were set aside and the accused were acquitted. Case-Laws Indian Laws Tue, 21 Apr 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301472