Amendment status not verified — confirm the current text below against the official source.
Independence witness - None willing to join as witness. - Independent witness. Police conducting raid and recovered a working still. No independent witness joined from the locality on the plea that Investigating Officer tried to associate respectable of the locality but none was available. Mere statement of investigating officer is not sufficient. Accused acquitted. Provision of Section 100(4) Cr. PC are mandatory. Petitioner found distilling illicit liquor by means of working Still. Evidence of recovery consists of a Sub-Inspector and a Constable. No witness from public join because no body was willing. Explanation not be accepted. No proceeding against any public man for not join- ing raiding party. Case not proved beyond shadow of doubt. Petitioner acquitted. Police party conducting raid and recovering opium and charas from accused. Police Officer who conducted the raid stated that some persons in the village were tried to join but they re- fused to do so. The fact not recorded in the Zimini nor any action was taken against those persons. Statement of Police could not be relied. Accused acquitted. Inspector Ram Bhaj has stated that he tried to join some persons from the village of the petitioner but they refused to do so. When he was questioned as to whether he had mentioned this fact in the zimini he re- plied in the affirmative but when he was asked to refer to the zimini he refused to do so. He further stated that he did not take any action against the persons who had refused to join the investigation. In this situation, it cannot be safely said that he in fact tried to join any persons from the village of the petitioner. Recovery of illicit liquor. Witnesses from public not joined. According to prosecution some persons from public were asked to join but they refused. Names and addresses of persons who refused not disclosed by Prosecution. Held, had the witnesses from public refused to join, the Investigating Officer must have noted down their names and addresses and would have proceeded against them under law. Explanation for not joining the witnesses not worthy of credence. Accused acquitted. Recovery of lahan and working still by police. No independent witness joined. Contention of Police Officer that some persons were asked to join but they refused. Officer could not give number and names of persons contacted. No action taken against such persons. Contention of prosecution not believed. Discrepancies also found in statements of PW s. Accused acquitted. Recovery of lahan and working still by police. No independent witness joined. Contention of Police Officer that some persons were asked to join but they refused. Officer could not give number and names of persons contacted. No action taken against such persons. Contention of prosecution not believed. Discrepancies also found in statements of PWs. Accused acquit- ted. Recovery of Lahan. No independent witness joined although Police party passed through three villages. Contention of Police that witnesses were asked to join but they refused. It is after-thought. Names of the persons who were asked to join not given. Accused acquitted.