New Delhi, Sep 9 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.
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.
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."
According to the prosecution, Singh was allegedly found in Tilak Nagar, on the night of March 14, 2016, with two cartons containing 47 quarter bottles of ADS Impact Grain Whiskey each. The liquor was meant for sale in Haryana and was allegedly being possessed without a permit or licence.
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.
The magistrate said the absence of public witnesses in such circumstances made the manner of the inquiry, seizure and search "highly suspicious". The investigating officer had also failed to make sincere efforts to join public witnesses, the court held.
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 prosecution is under obligation to prove its case against the accused beyond reasonable doubt on the basis of cogent, convincing and reliable evidence, and in case of any doubt, the benefit must necessarily be extended to the accused," the magistrate said.
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.
Holding that any doubt must necessarily be extended to the accused, the court acquitted Singh of the offence under the Delhi Excise Act.
