Amendment status not verified — confirm the current text below against the official source.
Conviction where contents of bottle not properly sealed and so could be changed. - Where the contents of the bottles found in the possession of the accused could have been subsequently charged and from the circumstances of the case it cannot be said that accused was in possession of illicit liquor, a conviction under Section 60( a) cannot be sustained. Petitioner found in possession of illicit country liquor. Sample of liquor sent to Chemical Examiner. No evidence to show that the sample was handed over to Chemical Examiner who had analysed the sample. No evidence of any other person to whom the sample packet was delivered in the office of Chemical Examiner and it remained intact. Petitioner acquitted. Pitcher containing lahan handed over to Head Constable. Head Constable not examined. Nor affidavit filed to show that so long the pitcher containing lahan remained with him was not tampered with. Link evidence not complete. Accused acquitted. Held, that it has been main- tained that Sub-Inspector handed over the pitcher containing lahan with the Moharrir Head Constable on the same day with seals intact and that the seal after its use was retained by him. Neither the Moharrir Head Constable was examined nor his affidavit was filed to show that so long the pitcher containing lahan remained with him was not tampered with. The inevitable effect of this omission is that the prosecution failed to rule out the possibility of the pitcher containing lahan being changed or tampered with till the time lahan was tested by the Excise Inspector. In the circumstances link evidence not being complete the petitioner has to be acquitted. Recovery of seven bottles of illicit liquor by Police. Sample sent to Public Analyst. No evi- dence to prove that case property remained intact from time of its seizure until it was delivered to public analyst. It is incumbent upon prosecution to prove that sample was du1Y sealed and was not tampered with by anybody. Accused acquitted giving benefit of doubt.