Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 4

(a) Prohibition of (Enforcement of Hadd) Order (IV of 1979)--- ----Art. 4---Recovery of liquor---Appreciation of evidence---Benefit of doubt---Prosecution case was that ten litres of liquor was recovered from the possession of accused, however, during interrogation, accused led the police party to his house and produced four jerricans, each containing thirty litres of unprepared wine---Case of the prosecution hinged on evidence of two Police Officials, complainant and recovery witness---Complainant as well as Investigation Officer admitted in cross-examination that he had not sealed the unprepared wine, neither he mentioned the colour of jerrican in the memo of arrest or in FIR---Complainant had also stated that the house of accused was katcha hut and one room and some houses were also adjacent to the house of accused and house of accused was surrounded by a hedge and no door was affixed in the house of accused---Four jerricans each containing 30 litres of unprepared wine were recovered from the house of accused without any manufacturing equipment, etc.---Examination-in-chief of complainant did not transpire that the recovered intoxicant was ever produced before the court---Alleged by the witnesses that the wine was locally prepared in the house of accused but no equipment used in preparation of contraband liquor was found in the house---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Prohibition of (Enforcement of Hadd) Order (IV of 1979)--- ----Art. 4---Criminal Procedure Code (V of 1898), S. 103---Recovery of liquor---Appreciation of evidence---Benefit of doubt---Search to be made in presence of witnesses--- Scope---Prosecution case was that ten litres of liquor was recovered from the possession of accused, however, during interrogation, accused led the police party to his house and produced four jerricans, each containing thirty litres of unprepared wine---Nothing on record that respectable inhabitants of the vicinity were called to act as a witness of alleged recovery made from the house of the accused in non-compliance of…

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