Amendment status not verified — confirm the current text below against the official source.
Link evidence. - Affidavit of 3 Police officials who handled the sample of opium at various stages not in accordance with Jaw. Verification on affidavits did not specificaIIy mention which part of the affidavit was Correct to the knowledge and which part Correct to the belief of deponents . Held, necessary link evidence was not in accordance with law. Accused acquitted. . Recovery of poppy straw from a female accused. Search made by male police officials un- der Section 50(4) a female was to be searched by a female Police Official accused acquitted. Affidavit. Link evidence. Recovery of illicit liquor. Affidavit of constable who took the sample to Chemical Examiner not in accordance with Section 277 Cr.P.C. This point not al- lowed to be taken in revision for the first time. The affidavit was of formal witness. Recovery of illicit liquor - Affidavit by concerned officials that there was no tampering with seals during Malkhana and till it reached chemical examiner - Report of Chemical Examiner also showed that sample was intact and tallied with the sample seal - No reason to hold that link evidence was not proper and did not connect the accused with the recovery, safe custody and despatch of sample of Chemical Examiner. Pargat Singh alias Pagga v. State of Punjab /997(3) RCR (Criminal) 677(P&H) Recovery of illicit liquor - P.Ws examined after lapse of many months - Memory of such witnesses may fail on minute details of recovery - Does not affect prosecution adversely.Par- gat Singh. alias Pagga ". State of Punjab 1997(3) RCR (Criminal) 677 (P&H) Affidavit - Link evidence - Recovery of poppy straw - Sample sent to Chemical Examiner through two constables - Their affidavits not verified as per rules - Verification did not state which part of affidavits was based on personal knowledge and which part thereof was based on information and belief - Link evidence thus missing - Accused acquitted. Affidavits to establish link evidence that substance recovered from accused was not tampered with during transit to Chemical Examiner. Affidavits, not properly attested Affidavit evidence held to be inadmissible. Accused held entitled to acquittal on this score. Constable handing over sample packet to functionary in office of Chemical Examiner. No affidavit of functionary to indicate that sample was handed over to him and remained intact till it was handed over to Chemical Examiner. Link evidence. Accused acquitted. Affidavits tendered in evidence on this point of the prosecution found not to have been validly attested. Accused acquitted. Recovery of illicit liquor and working still. Prosecution is required to prove that incriminating material was deposited in Malkhana with seals intact and further to prove that illicit liquor deposited in Malkhana reached office of Chemical Examiner safe and intact. This is what is called link evidence. Parcel containing sample of substance recovered from the accused, delivered in the office ., . of Chemical Examiner. No affidavit of the concerned functionary. Link evidence not complete. Accused entitled to acquittal on this ground alone. Recovery of illicit liquor. Affidavit of Head constable who carried the sample to Chemical Examiner not brought on record. Held, link evidence was thus missing. Accused acquitted. Recovery of illicit liquor. Seal with which the recovered property sealed given to police constable. Not produced as a witness. Link evidence missing. prosecution failed to prove that the sample examined by the Public Analyst was illicit liquor. Recovery of working still and illicit liquor. No evidence that sample remained intact till delivered in the office of Chemical Examiner. Accused acquitted.