Illicit liquor: Court frees woman in absence of public witness

A woman has been acquitted of the charges of illegally possessing illicit liquor by a Delhi court which said that in the absence of public persons as recovery witnesses, her "false implication may not be ruled out."
Additional Chief Metropolitan Magistrate Sharad Gupta acquitted the woman, a Delhi resident, of charges punishable under sections of Excise Act for possessing around 10 litres of illicit liquor.
"In the absence of any particulars of patrolling time of police officials and absence of public persons as recovery/ arrest witness of accused, false implication of the accused may not be ruled out," the court said, while acquitting the woman.

The court acquitted the accused woman while giving her benefit of the doubt.
It said that although it is not a legal requirement that the testimony of police officials is not reliable, yet their testimony is to be considered with caution.
The court noted that, in the present case, accused was apprehended at public place and the public witnesses were available, but they were not made witness to the recovery or arrest of accused and even no notice was served upon them who allegedly refused to participate in the proceedings.

"Facts and circumstance of the case suggests that no sincere efforts have been made by police official to join independent public witnesses in the police proceedings," the court said.

It added that non joining of the public witnesses and not making any sincere efforts in this regard created a doubt about the case of the prosecution.
According to police, on March 29, 2007, the woman was found in possession of one white colour plastic container containing 10 litres of illicit liquor without any permit or licence, from Friends Colony area, here.
Police apprehended her and the charge sheeted under various sections of Excise Act was filed after investigation.
The accused, however, had pleaded not guilty and claimed trial.