New Delhi, A Delhi court on Wednesday acquitted a man accused of possessing illicit liquor, holding that the failure of police to join independent public witnesses and produce daily diary entries cast doubt on the fairness of the investigation and the alleged recovery.
The court further noted that no daily diary entries showing the arrival and departure of the police officials involved in the investigation were produced. Such entries were required under the applicable police rules and could have corroborated the version of the police officials. The court also took note of the fact that no photography or videography of the alleged recovery was conducted. Further, a constable who had allegedly accompanied the complainant was not examined as a prosecution witness.
“There is no independent witness or any other material on record” to establish that the alleged illicit liquor was recovered from the accused, the court said.
The investigating officer had also failed to make sincere efforts to join public witnesses, the court held.
The magistrate said the absence of public witnesses in such circumstances made the manner of the inquiry, seizure and search “highly suspicious”.
Judicial Magistrate Vikas Madaan was hearing a case against Baldev Singh, who was accused in a case registered under Section 33 of the Delhi Excise Act, and acquitted him. The court noted that the alleged recovery took place at a public place, yet no independent public person was made a witness to the search and seizure.
In an order, the court said, “The fact of recovery of the alleged case property from the possession of the accused remains clouded, which casts a doubt upon the case of the prosecution, and the prosecution has not been able to prove the same beyond reasonable doubt.
