THE STATE OF PUNJAB Vs. SUKHDEV SINGH

JUDGEMENT

(1.) SUKHDEV Singh, accused respondent was found carrying 35 bottles of illicit liquor in a rubber tube on 29.6.1984 when Head Constable Karnail Singh of Police Station Khuhian Sarwar alongwith Head Constable Harnam Singh and Constable Partap Singh accosted him at about 3.00 p.m in the area of village Panjawa. A sample of 375 Mls. of illicit liquor was separated and sealed from the contents of the rubber tube. The remaining liquor was also measured and sealed in the rubber tube. The seal after use was entrusted to Head Constable Harnam Singh. A case under Section 16(1) of the Punjab Excise Act, 1914 was got registered against Sukhdev Singh accused through Ruqa PB. The sample was sent to the Chemical Examiner, who vide his report Ext. PD found it to be illicit liquor. After completion of investigation, Sukhdev Singh accused, was arrested and arraigned for trial on such allegation. Before the trial court, in order to prove its case the Prosecution examined HC Karnail Singh (PW 1) and HC Harnam Singh(PW-2). Besides examining formal evidence of MHC Mohinder Singh and Constable Jagjit Singh on affidavit Exts PE and PF, respectively, the report of the Chemical Examiner Ext PD was also tendered. The version of Sukhdev Singh accused, before the trial court under Section 313 Cr.P.C. was that of innocence and false implication. He, however, led no evidence in defence.

(2.) THE trial Court acquitted the accused respondent by holding that as HC Karnail Singh has failed to depose about depositing the case property in an intact condition with MHC Mohinder Singh and thus the link evidence was missing. Being aggrieved against that order, the State has filed the present appeal against acquittal.

(3.) IN view of the above reasoning, the view taken by the trial court is not of much consequence, although the findings of the trial court regarding missing of link evidence are not sustainable because H C Karnail Singh had handed over the seal to H C Harnam Singh after sealing the sample and case property at the spot and the mere omission on his part to state that he had kept it intact till its deposit with MHC Mohinder Singh on the same day, would be of no consequence unless the trial court had disbelieved the version of this witness qua handing over the seal to Head Constable Harnam Singh but the trial Court has not given any finding in this regard.