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TMI Blog1986 (7) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh (PW-2) Shri Gopi Chand (PW-1) and Shri Mohinder Singh. This party conducted search of Prem Lata's house and recovered one tin containing 5 kgs of Lahan. The Excise Inspector tested the contents of the tin and found that Lahan. contained therein was fit for distillation. This ultimately resulted in the filing of a challan and the conviction of the accused under Section 61(1)(q) of the Punjab Excise Act as applicable to the State of Himachal Pradesh. 2. It stands, clearly established from, the prosecution evidence itself that Shri Gopi Chand examined as PW-1 and Shri Mohinder Singh, who was given up as an unnecessary witness at the time of recording the prosecution evidence were employed in the Home Guards and were further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may issue an order in writing to them or any of them so to do. (5) The search shall be made in their presence and a list of all things seized in the course of search and of the place in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it. (6)... (7)... (8) Any person who, without reasonable cause. refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him shall be deemed to have committed an offence under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich had to be reached through a mechanised vessel, the journey itself taking an hour and a half. it would be for the prosecution to establish on the facts and circumstances of each case that meeting the requirements of Section 100 Criminal Procedure Code pertaining to the association of two or more independent and respectable witnesses with the conducting of search was not possible. If the prosecution fails to discharge this onus, its case would be rendered shaky and, on the face of it, unworthy of acceptance unless a formidable set of reason are shown to exist justifying the infraction of express provisions of law contained in Section 100, ibid. Thus, the Court will be extremely reluctant to uphold the prosecution case which is solely bas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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