Open iDraf
Joseph Fernandez v. State Of Goa

Joseph Fernandez
v.
State Of Goa

(Supreme Court Of India)

Criminal Appeal No. 1032 of 1999 (Arising out of SLP (Crl.) No. 950 of 1996) | 05-10-1999


1. Leave granted

2. Learned counsel tried to highlight a point that Section 50 of the Narcotic Drugs and Psychotropic Substances Act has not strictly been complied with by PW 8, the officer who conducted the search. According to the learned counsel for the appellant the searching officer should have told the person who was subjected to search that he had a right to be searched in the presence of a gazetted officer or a Magistrate. In this case PW 8 has deposed that she told the appellant that if he wished he could be searched in the presence of the gazetted officer or a Magistrate to which the appellant had not favourably reciprocated. According to us the said offer is a communication about the information that the appellant has a right to be searched so. It must be remembered that the searching officer had only Section 50 of the Act then in mind unaided by the interpretation placed on it by the Constitution Bench. Even then the searching officer informed him that "if you wish you may be searched in the presence of a gazetted officer or a Magistrate". This according to us is in substantial compliance with the requirement of Section 50. We do not agree with the contention that there was non-compliance with the mandatory provision contained in Section 50 of the Act

3. Learned counsel then contended that one of the panch witnesses was not an independent witness inasmuch as he had obliged the police in other cases also. We are not inclined to say that if a person happened to witness other instances that would denude him of his independent character

4. The last attempt made by the learned counsel was based on a truncated sentence found in the cross-examination of PW 1. The analyst who tested the contraband in the laboratory, to a question in cross-examination has said that he could not answer whether the contraband contained cowdung also. In the certificate which he issued after analysis, as well as in the examination-in-chief, the witness has stated in definite terms that the contraband was "charas". Hence, the aforesaid isolated answer is hardly sufficient to destroy the probative value of the evidence of that witness.

5. We do not find any reason to interfere with the conviction and sentence passed on the appellant based on the concurrent findings of the two courts. Appeal is accordingly dismissed.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE A. P. MISHRA

HON'BLE JUSTICE K. T. THOMAS

HON'BLE JUSTICE S.S.M. QUADRI

Eq Citation

AIR 2000 SC 3502

(2000) 1 SCC 707

2000 (69) ECC 632

2000 CRILJ 3485

2003 (10) SCALE 419

LQ/SC/1999/957

HeadNote

Criminal Procedure Code, 1973 — Ss. 27 to 29 — S. 27 — Confessions made before police — Credibility — Analyst who tested contraband in laboratory, in cross-examination said that he could not answer whether contraband contained cowdung also — In certificate which he issued after analysis, as well as in examination-in-chief, witness stated in definite terms that contraband was "charas" — Isolated answer hardly sufficient to destroy probative value of evidence of that witness — Narcotic Drugs and Psychotropic Substances Act, 1985 — Ss. 42 and 50 — Confessions made before police — Credibility — Panch witnesses — Independent witness — Held, if a person happened to witness other instances that would not denude him of his independent character — Evidence Act, 1872 — S. 11 — Words and Phrases — "Independent witness"