Amendment status not verified — confirm the current text below against the official source.
Conviction on the basis of statements of the Excise Inspector and the Sub-Inspec- tor of Police only. - It is no doubt true that, apart from minor discrepancies, the two witnesses of the prosecution have made quite consistent statements. But in the peculiar circumstances of this case, I am not prepared to affirm the conviction of the petitioner on their statements. If the Inspector was in charge of the raid, normally he should have submitted a report against the petitioner under Section 173 Criminal Procedure Code, but this report is stated to have been submitted by the sub- Inspector, without dilating any further on these points I hold that because of the omission of the prosecution to summon the Inspector as a witness in this case the case against the petitioner remains highly doubtful.