The Hon'ble Mr. Justice Surinder Singh, Judge. - High Court Of ...

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- 4 - samples so deposited in the Laboratory pertained to this case and were not tampered with. 8. PW5 HC Brij Lal stated that after the recovery and preparing the seizure memo, Ruqa Ext.PW5/A was sent for the registration of the case through PW1 HHC Hukam Chand to Police Station Darlaghat, on the basis of which FIR Ex.PW5/B was formally registered, whereas, PW1 aforesaid only states that he was handed over a Ruqa Ext.PW5/A for the registration of the case. He does not make any reference of taking the case property to the Police Station. There is only a mention in the Ruqa to this effect. The first page of the FIR Ext.PW5/B shows that the place of alleged recovery is about 17 Kilometers from the Police Station and PW1 HHC Hukam Chand in his cross-examination stated that he went on foot to the Police Station from the place of alleged recovery. 9. PW4 MHC Ram Pal stated that the aforesaid case property was deposited by PW1 HHC Hukam Chand, which appears to be incorrect in view of the fact that the Ruqa Ext.PW5/A was sent through PW1 at 4.10 a.m. from the alleged place of recovery, which is
- 5 - stated to be 17 Kilometers away from the Police Station, whereas the FIR Ext.PW5/B was recorded at 5.15 a.m. i.e. after one hours five minutes. It was not possible to cover this much distance on foot within one hour even without carrying the case property. Neither he nor the Investigating Officer stated anywhere that the car in question alongwith the case property was sent through PW1 aforesaid and even otherwise, the accused remained in the custody of the police. He was shown to have been arrested on the spot. No one accompanied PW1 HHC Hukum Chand to the Police Station, therefore, the very narration that the case property was deposited by PW1 aforesaid is incorrect. 10. Further I also find that as per the case of the prosecution, the case property was sealed on the spot with seal impression ‘A’ and seal after its use was handed over to PW2 HC Inder Singh. PW1 HHC Hukam Chand had proceeded from the spot at 4.10 a.m. without the case property. Case property alongwith samples bottles of recovered liquor remained with the police on the spot and PW2 HC Inder Singh was also with them. The possibility of tampering of the sample bottles cannot be ruled out, for the reasons seal
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The Hon'ble Mr. Justice Surinder Singh, Judge. - High Court Of ...

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