Law:

Section:

Prohibition (Enforcement of Hadd) Order (4 of 1979)--Arts. 3 & 4---Criminal Procedure Code (V of 1898), S. 103---Recovery--­Police officials are as good witnesses as any person from the public provided no animosity is alleged and proved against them and the planting of the articles in the particular circumstances of the case is not possible--­Where, therefore, the possibility of planting the huge quantity of narcotics inside the home by the Police was not possible nor could the Police, or anybody else had the knowledge of its concealment, non-production of disinterested witnesses in such recovery would not adversely affect the recovery itself. ---[Witness]. The mandatory provision of section 103, Cr. P.C. requires the association of independent witnesses of the locality to witness the recovery and later on testifying to the same effect before the trial Court. The idea behind the insertion of this provision in the statute is to eliminate chances of false implication, and there can be no cavil with the legal proposition that as far as practicable the said provision must be strictly followed. There can, however, be no denying the fact that these days disinterested, honest and respectable people normally avoid to involve themselves in such affairs and thereby incur the wrath and enmity of the persons whose premises are being searched and in the event of recovery, then to depose against them and assist the Court in their conviction for the crime, in most of the cases heinous ones. In case the Police is able to secure the services of persons of the locality who are not strong enough to resist the temptation by the offenders, ultimately the whole exercise undertaken by the investigating agency becomes futile if they make obliging concession in Court m favour of the criminal, of course, not intentionally but on account of fear or pressure. It has, therefore, been experienced that unless the police is certain about the integrity of the witnesses and are sure that they shall resist all temptation till the final conclusion of the trial by Court, they deem it proper to rest contended with the police officials witnessing the recovery and attesting the recovery memos.…

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