TaxTMI 
TaxTMI 
TaxTMI 
1999 (7) TMI 657
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....n 13.4.1988 at about 6 P.M. while he was passing on a road in the city of Madras and thus he had committed the aforesaid offence. In order to prove its case the prosecution led the evidence of Gladys Lilly (P.W.1), who was then working as an Intelligence Officer in the Narcotics Intelligence Bureau, at Madras and who had searched and arrested the appellant. It also examined N. Muthu (P.W.4) who was taken as an independent witness to witness the search and arrest and in whose presence the search and arrest were made; but, he did not support the prosecution. Evidence was also led to prove that what was found from the appellant's possession was di-acetyl Morphine, which is popularly known as 'heroin'. The trial Court believed the evidence of P....
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....that it can safely be relied upon as it does not suffer from any infirmity nor is there any good reason for not accepting the same. We have scrutinized the evidence of P.W.1with more care because the learned counsel stated before us that P.W.1 herself was subsequently involved in the offence under the Act and, therefore, she cannot be regarded as a reliable witness. After the hearing was concluded but before the judgment could be delivered written submissions were given by the learned Advocate on Record and therein also it is stated that P.W.1 along with her husband has been involved in a case under the Act and that criminal proceedings are going on against them. Apart from the question of admissibility of her evidence we are of the view th....
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....ce since it was of the view that it was not necessary to comply with the provisions of Section 50(1). The High Court had also proceeded on the basis that the said requirement of Section 50(1) is directory and, therefore, its non compliance was not fatal to the prosecution case. It was in the context of these facts and circumstances that this Court held : "Having regard to the fact that the FIR and Seizure Mahazar do not mention about the appellant having been asked before the search was conducted as to whether he would like to be produced before a Gazetted Officer or a Magistrate and the further fact that P.W.1, the other independent witness, also does not state about this we are of the view that the prosecution has failed to establish that....
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....ice and the confessional statement came to be recorded at about 8 P.M., no doubt, while the appellant was in custody of P.W.1. But that by itself cannot be regarded as sufficient to hold that the confessional statement was made by the appellant under pressure or compulsion. No complaint was made by the appellant when he was produced before the Magistrate on the next day nor he had made any complaint thereafter till his statement came to be recorded under Section 313 Cr.P.C. It was only during the trial that a suggestion was made to P.W.1 and subsequently when the appellant gave a statement under Section 313 Cr.P.C. he stated that the confessional statement was given by him under threat and pressure. Even while giving his statement under Sec....
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....alyst was the same sample which was sent by the Court. On 15.4.1998 P.W.1 had given an application to the Magistrate for drawing a sample from the brown powder which was seized from the appellant and which was believed to be heroin, for analysis by the Forensic Science Laboratory. Granting this application the learned Magistrate directed Govinda (P.W.3), to prepare two samples of 5 gms. each out of M.O.3. The said samples were prepared as stated earlier in the Court and thereafter they were properly put in separate bags and then sealed with the Court seal. One sample was then forwarded with a covering letter which contained necessary details regarding case number and the sample. Therefore even though P.W.3 had stated that he had correctly w....