Amendment status not verified — confirm the current text below against the official source.
Recovery of pitchers containing offencive matter - Evidence not satisfactory. Not safe to convict accused. Where in a prosecution under Section 61 (1)( a) there was no satisfactory evidence produced by the prosecution regarding the discovery of pitchers containing the offensive matter from the premises of the accused and the testimony in favour of the accused given by two lambardars of the village was discarded in the lower Court on the ground that being the co-villagers of the accused they gave evidence to oblige him. Held, taking into consideration the provisions of Sections 52 and 68 and the fact that there was no evidence on the record showing any connecting whatsoever between the accused on the one side and the two lambardars on the other, the lower Court was not justified in discarding the evidence given by them and that it was not safe to act on the evidence given by witnesses for prosecution.