Delhi court acquits man for lack of evidence
5 May 2012 9:49 AM IST
A man, allegedly caught with a carton of 22 bottles of country-made liquor in 2006, has been acquitted by a Delhi court as the prosecution had failed to take samples from all but two bottles for testing.
Metropolitan Magistrate Gurmohina Kaur let off North Delhi resident Satish Kumar saying that in absence of samples tested from other 20 bottles, it can only be presumed that they too contained liquor, but it cannot be said with certainty.
The court acquitted the accused saying as per the Excise Act, 'one can legally keep four bottles with him and the same is permissible.'
'IO [investigative officer] had only taken samples from two bottles from a carton containing 22 half [pint] bottles.'
'However, there is no presumption that the remaining 20 half bottles also had liquor in them. Although the IO might be acting under the honest belief that the remaining half bottles had liquor in them, the fact is that nothing has come in evidence with respect to these half bottles. This court cannot arrive at a presumption under the facts and circumstances,' the court added.
The magistrate also pointed out various other infirmities in the prosecution case, including absence of independent public witnesses in the case and police failure to trace the place from where those bottles had been bought.
Metropolitan Magistrate Gurmohina Kaur let off North Delhi resident Satish Kumar saying that in absence of samples tested from other 20 bottles, it can only be presumed that they too contained liquor, but it cannot be said with certainty.
The court acquitted the accused saying as per the Excise Act, 'one can legally keep four bottles with him and the same is permissible.'
'IO [investigative officer] had only taken samples from two bottles from a carton containing 22 half [pint] bottles.'
'However, there is no presumption that the remaining 20 half bottles also had liquor in them. Although the IO might be acting under the honest belief that the remaining half bottles had liquor in them, the fact is that nothing has come in evidence with respect to these half bottles. This court cannot arrive at a presumption under the facts and circumstances,' the court added.
The magistrate also pointed out various other infirmities in the prosecution case, including absence of independent public witnesses in the case and police failure to trace the place from where those bottles had been bought.
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