Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 4

Law: Criminal Procedure Code (V of 1898)

Section: 417,103

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 4---Criminal Procedure Code (V of 1898), Ss. 417 103---Owning or possessing intoxicant---Search to be made in presence of witnesses---Appreciation of evidence---Appeal against acquittal---Delay in sending recovered narcotics to Forensic Laboratory--- Safe custody--- Non-examination of sample-bearer---Scope---Accused persons were alleged to have been found in possession of 72 bottles of liquor and one can of liquor weighing 20 liters---Liquor was allegedly recovered from a shop but neither owner of the shop nor inhabitants of the locality were associated to witness the recovery---Samples taken from the recovered bottles and can were sent to the Forensic Laboratory with a delay of 7 days---Nothing was available on record to show that the recovered property was kept in safe custody till it was sent to the Forensic Laboratory---Unexplained delay in sending the intoxicant to the Forensic Laboratory and its unsafe custody besides transmission of samples to the office of Chemical Examiner through un-examined witness was fatal to the prosecution case---Appeal against acquittal was dismissed in limine. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 4---Owning or possessing intoxicant--- Delay in sending recovered narcotic to Forensic Laboratory---Safe custody---Non-examination of sample-bearer---Scope---Unexplained delay in sending the narcotic to the Forensic Laboratory and its unsafe custody besides transmission of samples to the office of Chemical Examiner through un-examined witness was fatal to the prosecution case. (c) Criminal Procedure Code (V of 1898)--- ----S. 103---Search to be made in presence of witnesses---Scope---Two mashirs are always cited for recovery made from places and reliance is to be placed on these witnesses in the ordinary course provided they are independent, respectable and inhabitants of the locality---Residence of the mashirs becomes relevant depending on the facts of the case--- Preference was to be given to the witnesses of the locality, particularly witnesses who are respectable---Where witnesses are not of the locality, the court was to cautiously…

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