Amendment status not verified — confirm the current text below against the official source.
Property discovered in open place on information. It is quite true that exclusive possession cannot be brought home to an accused if properties are discovered in open places equally accessible to members of the public as a result of the information given by him. But at the same time if the property is found to be so hidden away that no ordinary member of the public could know of its existence there, the fact that it is on that particular person's information and pointing out un-accompanied by any explanation of innocent knowledge, the incriminating article was discovered and recovered would lead to the presumption that he is the person who had secreted it there. It unmistakably shows that the accused was proceeding to the felony. Police on patrol duty at a public place - Information received by Police that accused pos- sessed illicit liquor - It is mandatory for Police to join independent witness when information was received at Public place - Accused acquitted for non-joining of independent witness. Recovery from Public place - Accused made disclosure statement while in custody in the case under section 61 (1 )( c) - He got recovery effected by disclosing the drums of Lahan concealed under the earth beneath a bridge - Earlier on receipt of secret information the police party had conducted a raid near the same bridge and found him distilling illicit liquor on a working still - Five drums 150 Kg each of lahan recovered - It cannot be said that the place of recovery and drums of lahan were accessible to the public - The accused had exclusive knowledge. Where the Corpse discovered by police in open field where police went on information given by accused cannot be said that the police discovered the corpse as a result of the statement of accused. Recovery from Public place. Accused made disclosure statement while in custody in the case under Section 61(1)(c). He got recovery effected by disclosing the drums of Lahan con- cealed under the earth beneath a bridge. Earlier on receipt of secret information the police party had conducted a raid near the same bridge and found him distilling illicit liquor on a working still. Five drums 150 Kg. each of lahan recovered. It cannot be said that the place of recovery and drums of lahan were accessible to the public. The accused had exclusive knowledge.