NCB gets rap

NEW DELHI: Narcotics Control Bureau (NCB) has been warned by the Delhi High Court for introducing "stock witnesses" to prosecute persons under the Narcotics Drugs and Psychotropic Substances Act (NDPS).
Justice B D Ahmed granted bail to a man, accused of possessing one kg of heroin, after learning that the independent witnesses in the case were also listed as "chance" witnesses in another drugs case.In the second FIR the two apparently witnessed NCB's recovery of drugs from a man outside Ashok Hotel.
Justice Ahmed said:"Ravi Kumar and Charan Singh have, prima facie, been held to be stock witnesses. The circumstances indicated above show that no credence can be attached to the evidence as their presence is suspect and doubtful." Kumar and Singh, unrelated to each other, happened to be spot witnesses with respect to recoveries of narcotics from two different places at different time. The two were present at the spot when NCB made recoveries from the petitioner, Kashmir Singh, at ISBT. They happened to be together near Ashoka Hotel when NCB arrested another man.
The two apparently have been included as "chance witnesses", in more NDPS cases. While Kumar is cited as witness to alleged recoveries of contraband in three other cases, Singh is in two.
Ahmed said even if the allegations against the accused are true, the same impression may be rejected by the fact that the two witnesses were "stock" whom the NCB used time and again as "independent" witness.
Recovery of a contraband in the presence of a public person who is considered to be impartial strengthens the prosecution case.
"In these circumstances, the presence of the witnesses, and, consequently, the recovery itself, becomes suspect. The evidence of these two witnesses would not be worth much ... as a result, it is quite probable that no such recovery from the petitioner was made," Ahmed observed.
Ahmed further created a shadow of doubt over the credibility of the confessional statement rendered by the accused before the NCB officials.
As per the law, the confession is admissible in law. However, in view of the NCB's conduct, the court said it will have to be established during the trial.