BHAIRO SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPLICATION [M.(Cr) P. No. 3903/2001] under section 389(1) considered. Arguments heard.

(2.) IT is pointed out that in the seizure memos. (Exs. P 4 and P 5) it is not specifically mentioned that the alleged brown sugar was seized from the trouser (pant) of the appellant. It is submitted on behalf of the appellant that this case is akin to the decision of the Supreme Court in Bhola Ram Kushwaha v. Slate of Madhya Pradesh [AIR 2001 SC 229]. In this case also, the Panch witnesses have not supported the prosecution case.