#independent witness

The Allahabad High Court granted bail to an accused in a counterfeit currency case after finding no independent witnesses to the recovery and noting over two months of pre-trial detention without realistic prospect of trial conclusion. This reinforces that prolonged delay, coupled with procedural irregularities in evidence collection, triggers the constitutional right to speedy trial under Article 21 - protecting under-trials even in serious offences when the state fails to meet basic evidentiary and procedural standards.

Chhattisgarh High Court ruled that failure to comply with Section 50 of the NDPS Act-requiring a search before a Magistrate or Gazetted Officer-fatally undermines the prosecution's case, even if the accused consents to a police search. The judgment reinforces that procedural safeguards under the NDPS Act are mandatory, not directory, and their breach warrants acquittal.

The Himachal Pradesh High Court acquitted an accused under the NDPS Act, ruling that the prosecution's failure to involve independent witnesses during contraband recovery-despite nearby habitation and passing vehicles-creates reasonable doubt. The judgment underscores that procedural compliance, including proper sealing and witness participation, is mandatory to sustain convictions under the Act.

Chhattisgarh High Court sets aside conviction under the Arms Act, ruling that reliance solely on police testimony without compliance with Section 4 notification or independent witness corroboration violates due process. The judgment reinforces that procedural safeguards are non-negotiable for upholding convictions under special criminal statutes.

Bombay High Court ruled that caste-based abuse under Section 3(1)(r) of the SC/ST Act must occur in public view with independent witnesses to sustain prosecution. The court quashed an FIR where the alleged abuse happened privately in a cattle shed with only family members present, setting a precedent for strict evidentiary standards under the Act.