PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHETHER the fate of a criminal case would be sealed by the mere handing over or otherwise of the seal used by the police officer (for sealing the samples or the contraband property in the course of investigation) to a non-official witness is the pointed question which has necessitated these two references to the larger Bench.

(2.) FOR the purposes of the legal issue aforesaid a brief reference to the facts in Criminal Revn. No. 969 of 1979, Piara Singh v. The State of Punjab, suffices. The petitioner on seeing the police party surreptitiously attempted to escape and having been apprehended, his personal search led to the recovery of 30,000 mis. of illicit liquor in a tube. A sample of 180 ml. was taken out and the remaining liquor was put into 40 bottles. The sample and the bottles were sealed with the seal of the Investigating Inspector and the same was handed over to the public witness Inder Singh. Before the trial Court it was sought to be argued that the aforesaid Inder Singh having been given up as won over, the prosecution case suffered from a fatal infirmity and should; therefore, be rejected on that scqre. The learned trial Court however, rejected this content1 on and accepting the official testimony convicted the petitioner Under Section 61 (1) (a) of the Excise Act and sentenced him to six months' rigorous imprisonment and a fine of Rs. 1,000/ -.

(3.) ON appeal, the learned Sessions Judge again categorically rejected the argument on behalf of the. petitioner that the non-production of the non-official witness Inder Singh would be fatal to the prosecution case and observed that there was nothing particular about the handing over of the seals to a non-official, if the official witnesses can be accepted without corroboration.