Bare ActsThe Punjab Excise Act, 1914(Bare Act )

Section 208

Recovery of 186 bottles of liquor

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Recovery of 186 bottles of liquor. - Chemical analysis showed that it was illicit liquor. Report of Chemical Examiner not put to accused during their examination under Section 313 Cr. PC. Conviction based on report of Chemical examiner set aside. Opportunity should be given to accused to explain each and every piece of evidence. Report of Excise Inspector not put to accused by trial court in examination under Section 313 Cr. PC. This caused prejudice to the accused. Accused acquitted on this ground alone. Accused faced prosecution for four years. On this consideration case not remanded back to remove that defect. Recovery of liquor. Report of chemical examiner showed that it was illicit liquor. Examination of accused under Section 313 Cr. P.C.. If a question put to accused is a complex question of facts containing bundle of facts it would violate the provisions of Section 313 Cr. P .C. Recovery of liquor. Sample of liquor sent to Chemical Examiner. Report of Chemical Ex- aminer showed that it was illicit liquor. Report of chemical examiner with regard to sample not put to accused during his examination under Section 313 CR. Pc. This is technical defect es- pecially when no prejudice was shown to have been caused to accused. Case law elaboratelydiscussed.

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