STATE OF PUNJAB Vs. BALBIR SINGH

JUDGEMENT

(1.) JUDICIAL Magistrate Ist Class, Phagwara, on August, 4, 1981, recorded conviction of Balbir Singh under Section 61(1)(a) of the Punjab Excise Act, and sentenced him to rigorous imprisonment for eight months and to pay a fine of Rs. 1000/-. In default of payment of fine he was to further undergo rigorous imprisonment for one month. An appeal was taken against the aforesaid order which was disposed of by Sessions Judge, Kapurthala on January 8, 1980. In appeal an application was filed by the State for leading additional evidence of functionary of the office of the Chemical Examiner by way of link evidence to prove that the sample received in the office of the Chemical Examiner was intact till it was analysed. This request was declined by the Sessions Judge and on merits for want of link evidence the conviction of Balbir Singh was set aside by accepting (sic) come up in appeal against the order of acquittal.

(2.) WE have beard D.A.G. for the State. The respondent was served in this appeal but nobody has come forward to prosecute the same.

(3.) WE have gone through the record of the case and we find that the necessary link evidence produced in the present case is not in accordance with law and the prosecution must fail. Reference may be made to three affidavits Exhibit PE, PF and PG of MHC Sarup Singh, Constable Bansi Lal and Constable Surjit Singh respectively. Their evidence is for the relevant stages of handling the sample. The verification of these affidavits is not in accordance with law. It is general in nature that the affidavit aforesaid was correct and true to the best of knowledge and belief. It is not specifically mentioned which part of the affidavit was correct to the knowledge and which part correct to the belief of the deponent. If such evidence is ignored from consideration obviously the prosecution has failed to bring home the guilt and connect the incriminating article alleged to have been recovered in the case, with the accused.