A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20 -- NDPS – Independent witness – Relevancy of -- Non-association of independent witnesses is not fatal and the prosecution case cannot be discarded due to the non-association of independent witnesses -- However, the Court will have to carefully scrutinize the testimonies of the police officials.

(Para 24)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20 – NDPS – Acquittal -- Recovery of contraband – Doubt upon – Independent witness – Non-examination of – Effect of -- Police party was not carrying any sewing machine with them -- Police officials also admitted that the parcel was machine stitched from two sides -- No explanation was given by the police official as to how the parcel could have been machine stitched on the spot without any sewing machine -- This shows that either the parcel was already lying with the police official or the proceedings were not conducted on the spot and the testimonies of the police officials regarding the fact that the proceedings were conducted on the spot is highly suspect -- Prosecution witnesses have given different versions regarding the circumstances surrounding the recovery -- Inconsistencies would assume significance in the absence of independent witnesses – Acquittal, upheld.

(Para 30)