Evidence Act, 1872,3–Non-examination of one of the cited witness-Not fatal to prosecution—Held; if the evidence adduced by the prosecution was found sufficient to warrant the conviction then it was not necessary for the prosecution to examine all the witness cited by them -It is for the prosecution to decide as to how many witnesses they consider it proper to examine to prove their case against the accused and whether their evidence would be sufficient to warrant the conviction of the accused-Thereafter, it is for the Court to assess and appreciate the evidence adduced to see as to whether it is sufficient to sustain conviction with the aid of such evidence or not. 

Narcotic Drugs and Psychotropic Substances Act, 1985, S.20–Conviction–Non- examination of cited witness—Recovery of commercial quantity of 2.100 kgs of charas—One of the cited witness was not examined—Not a fatal defect–If the evidence adduced by the prosecution was found sufficient to warrant the conviction then it is not necessary for the prosecution to examine all the witness cited by them.

Mahiman Singh v. State of Uttrakhand

2016(4) Law Herald (P&H) 3024 (SC) : 2016 LawHerald.Org 1652