HC: Can rely on cops’ word in deciding case - Mandi Gobindgarh News

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Thursday, April 11, 2019

HC: Can rely on cops’ word in deciding case


HC: Can rely on cops’ word in deciding case

Saurabh Malik

Tribune News Service

Chandigarh, April 10

More than a year after the Punjab and Haryana High Court ruled that police officials’ word without corroboration in drug cases could not be accepted, another Division Bench has made it clear that statements made by the cops could be relied upon if these inspired confidence.

The assertion by the Bench of Justice Rajiv Sharma and Justice Kuldip Singh came on an appeal filed by a convict, Angrej Singh, after he was sentenced to 12 years of rigorous imprisonment in a drugs case on August 24, 2016, by the Bathinda Special Court Judge. The counsel for the appellant had argued that there was a delay in sending samples of the seized material to the chemical examiner. The Bench asserted that the fact of the matter was that samples reached in the office of chemical examiner safe and sound.

Speaking for the Bench, Justice Sharma asserted that an ASI, while deposing before the trial court as a prosecution witness had testified that the samples were in safe custody. He neither tampered with the samples nor allowed anybody to do the same.

“The statements made by the official witnesses inspire confidence and the statements made by the police officials can be relied upon if these inspire confidence,” Justice Sharma ruled. Upholding the conviction and sentence, Justice Sharma asserted that the prosecution had proved the case against the appellant beyond reasonable doubt. He was apprehended and apprised of his legal right to be searched before a gazetted officer or a magistrate.

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