31.03.2026 vs State Of H.P on 18 May, 2026

    0
    36
    ADVERTISEMENT

    Himachal Pradesh High Court

    Reserved On: 31.03.2026 vs State Of H.P on 18 May, 2026

                                                                                      2026:HHC:17432
    
    
    
        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
                                                    Cr. Revision No. 175 of 2026
    
    
    
    
                                                                                       .
                                                    Reserved on: 31.03.2026
    
    
    
    
    
                                                    Date of Decision: 18.05.2026.
    
    
    
    
    
        Sanjay Kumar & Anr.                                                          ...Petitioners
    
    
    
    
                                                          of
                                          Versus
        State of H.P.                                                                ...Respondent
    
    
        Coram
                                rt
    
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
        Whether approved for reporting?1 No.
    
        For the Petitioners                     :    Mr Ritesh Bhardwaj, Advocate.
    
    
    
        For the Respondent/State :                   Mr Jitender Sharma, Additional
                                                     Advocate General.
    
    
    
    
        Rakesh Kainthla, Judge
    

    The petitioners have filed the present revision

    against the judgment dated 24.02.2026 passed by learned

    SPONSORED

    Additional Sessions Judge, Sarkaghat, District Mandi, H.P.

    (learned Appellate Court) vide which the judgment of conviction

    dated 09.02.2023 passed by learned Judicial Magistrate First

    Class, Court No.2, Sarkaghat, District Mandi, H.P. (learned Trial

    Court) and order of sentence dated 10.04.2024 passed by learned
    1
    Whether reporters of Local Papers may be allowed to see the judgment? Yes.

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    2

    2026:HHC:17432

    Chief Judicial Magistrate, H.P. were upheld. (The parties shall

    hereinafter be referred to in the same manner as they were arrayed

    .

    before the learned Trial Court for convenience).

    2. Briefly stated, the facts giving rise to the present

    revision are that the police presented a challan against the

    of
    petitioner (accused before the learned Trial Court) for the

    commission of an offence punishable under Section 39 (1) (a) of
    rt
    the H.P. Excise Act. It was asserted that ASI Sandeep Kumar

    (PW8), ASI Prem Singh (PW5), Constable Mann Singh (PW1) and

    HHG Sanjay Kumar stopped an Alto car bearing registration No.

    HP-28-9798 at Sidhpur on 31.10.2014 at about 7:15 PM. Sanjay

    Kumar was driving the car, and Nek Ram was sitting in it. The

    police officials asked the accused, Sanjay Kumar, to produce the

    documents, but he refused. The police searched the car based on

    a suspicion and recovered 36 bottles of Indian Made Foreign

    Liquor (IMFL) bearing Mark ‘Green label’, 24 bottles of IMFL

    bearing mark ‘Royal Stag’, 24 pints of IMFL bearing mark

    ‘Officers Choice’, 12 bottles of beer, 48 bottles of Country Liquor

    bearing mark ‘Una no.1’ and 71 bottles of Country Liquor bearing

    mark ‘Dabang No.1’. The police demanded the documents for

    transporting the liquor, but the accused could not produce any

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    3
    2026:HHC:17432

    documents. The police obtained the samples and sealed the

    sample bottles and remaining bottles with seal impression ‘H’.

    .

    Sample seal (Ext.PW1/B) was taken on a separate piece of cloth.

    The liquor was seized vide memo (Ext.PW2/A). Rukka

    (Ext.PW8/A) was prepared and was sent to the Police Station,

    where FIR (Ext.PW8/B) was prepared. ASI Sandeep Kumar (PW8)

    of
    investigated the matter. He prepared the site plan (Ext.PW8/C)

    and recorded the statements of witnesses as per their version.

    rt
    The samples were sent to SFSL, Junga, and a report (Ext.PW8/E)

    was issued. The statements of witnesses were recorded as per

    their versions, and upon completion of the investigation, the

    challan was prepared and presented before the learned Trial

    Court.

    3. The learned Trial Court found sufficient reasons to

    summon the accused. When the accused appeared, they were

    charged with the commission of an offence punishable under

    Section 39 (1) (a) of the H.P. Excise Act, to which they pleaded

    not guilty and claimed to be tried.

    4. The prosecution examined nine witnesses to prove

    its case. Constable Maan Singh (PW1), ASI Prem Singh (PW5)

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    4
    2026:HHC:17432

    and ASI Sandeep Kumar (PW8) were the members of the police

    party. Constable Karam Singh (PW2) witnessed the recovery.

    .

    Constable Vinod Kumar (PW3) was working as MHC with whom

    the case property was deposited. HHC Dina Nath (PW4) carried

    the case property to CTL, Kandaghat. Rakesh Kumar (PW6) did

    not support the prosecution’s case. HC Vipin (PW7) proved the

    of
    entry in the daily diary. SHO Jagdish Chand (PW9) signed the FIR

    and resealed the case property.

    rt

    5. The accused, in their statements recorded under

    Section 313 of the Criminal Procedure Code (Cr.P.C.), admitted

    that Sanjay Kumar was driving the car and Nek Ram was

    travelling in it. They also admitted that liquor was recovered

    from the car. They claimed that the liquor belonged to the

    contractor. They did not produce any evidence in the defence.

    6. The learned Trial Court held that the prosecution

    witnesses corroborated the statements of each other. Minor

    contradictions in their testimonies were not sufficient to discard

    them. The accused admitted to the seizure of liquor from their

    car. The independent witnesses could not be associated because

    the incident had taken place at a lonely and deserted place. The

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    5
    2026:HHC:17432

    integrity of the case property was duly established. Therefore,

    the learned Trial Court convicted the accused of the commission

    .

    of an offence punishable under Section 39 (1) (a) of the H.P.

    Excise Act. However, the learned Trial Court found that the

    offence punishable under Section 39 (1) (a) of H.P. Excise Act in

    case of transportation of more than 45 litres of country liquor

    of
    was punishable with imprisonment which shall not be less than

    three years and the fine which shall not be less than ₹ 1 lakh. The
    rt
    Learned Magistrate was not competent to impose a fine of more

    than ₹10,000/-. Hence, he submitted the case file to the learned

    Chief Judicial Magistrate under Section 325 of the Cr.P.C.

    7. Learned Chief Judicial Magistrate sentenced each of

    the accused to undergo simple imprisonment for a period of four

    months, pay a fine of ₹5000/- each and in default of payment of

    fine to undergo simple imprisonment for one month each for the

    commission of an offence punishable under Section 39 (1) (a) of

    H.P. Excise Act.

    8. Being aggrieved by the judgment and order passed by

    the learned Trial Court and the learned Chief Judicial Magistrate,

    the accused filed an appeal, which was decided by the learned

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    6
    2026:HHC:17432

    Additional Sessions Judge, Sarkaghat, District Mandi, H.P.

    (learned Appellate Court). The learned Appellate Court

    .

    concurred with the findings recorded by the learned Trial Court

    that the statements of prosecution witnesses corroborated each

    other. The accused also admitted the recovery of the liquor from

    their vehicle in their statements recorded under Section 313 of

    of
    the Cr.P.C. It was not possible to join any independent witness

    because of the chance recovery. The Learned Chief Judicial
    rt
    Magistrate had already imposed less than the minimum

    imprisonment, and no further leniency was required in the

    matter. Hence, the appeal filed by the accused was dismissed.

    9. Being aggrieved by the judgments and order passed

    by the learned Courts below, the accused have filed the present

    revision asserting that the learned Courts below erred in

    appreciating the material on record. The statements of the

    prosecution witnesses contradicted each other on material

    aspects. The Maalkhana register did not contain any entry

    regarding the receipt of the registration certificate and driving

    license. The recovery was effected from a car, and the police

    failed to comply with the requirements of Section 100(4) of the

    Cr.P.C., which is fatal to the prosecution’s case. Rakesh Kumar

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    7
    2026:HHC:17432

    (PW6), the owner of the car, did not support the prosecution’s

    case, which was fatal to the prosecution’s version. Therefore, it

    .

    was prayed that the present revision be allowed and the

    judgments and order passed by the learned Courts below be set

    aside.

    of

    10. I have heard Mr Ritesh Bhardwaj, learned counsel for

    the petitioners/accused, and Mr Jitender Sharma, learned
    rt
    Additional Advocate General for the respondent/State.

    11. Mr Ritesh Bhardwaj, learned counsel for the

    petitioners/accused, submitted that the petitioners are innocent

    and they were falsely implicated. There are material

    contradictions in the statements of official witnesses, which

    made the prosecution’s case suspect. The police had not joined

    any independent witnesses, which is fatal to the prosecution’s

    case. Therefore, he prayed that the present revision be allowed

    and the judgments and order passed by the learned Courts below

    be set aside.

    12. Mr Jitender Sharma, learned Additional Advocate

    General for the respondent/State, submitted that the accused

    admitted in their statements recorded under Section 313 of the

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    8
    2026:HHC:17432

    Cr.P.C. that they were present in the vehicle from which the

    recovery of liquor was made. This admission corroborated the

    .

    prosecution’s version, and the learned Courts below had rightly

    relied upon it. The contradictions pointed out by learned counsel

    for the petitioners/accused are minor and bound to come with

    the time due to failure of memory. Both the Courts have

    of
    concurrently found that the accused were found in possession of

    the liquor, and this Court should not interfere with the
    rt
    concurrent findings of facts while exercising revisional

    jurisdiction. Hence, he prayed that the present revision be

    dismissed.

    13. I have given a considerable thought to the

    submissions made at the bar and have gone through the records

    carefully.

    14. It was laid down by the Hon’ble Supreme Court in

    Malkeet Singh Gill v. State of Chhattisgarh, (2022) 8 SCC 204:

    (2022) 3 SCC (Cri) 348: 2022 SCC OnLine SC 786 that a revisional

    court is not an appellate court and it can only rectify the patent

    defect, errors of jurisdiction or the law. It was observed at page

    207-

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    9

    2026:HHC:17432

    “10. Before adverting to the merits of the contentions, at
    the outset, it is apt to mention that there are concurrent
    findings of conviction arrived at by two courts after a

    .

    detailed appreciation of the material and evidence

    brought on record. The High Court in criminal revision
    against conviction is not supposed to exercise the
    jurisdiction like the appellate court, and the scope of

    interference in revision is extremely narrow. Section 397
    of the Criminal Procedure Code (in short “CrPC“) vests
    jurisdiction to satisfy itself or himself as to the

    of
    correctness, legality or propriety of any finding, sentence
    or order, recorded or passed, and as to the regularity of
    any proceedings of such inferior court. The object of the
    provision is to set right a patent defect or an error of
    rt
    jurisdiction or law. There has to be a well-founded error
    that is to be determined on the merits of individual cases.

    It is also well settled that while considering the same, the
    Revisional Court does not dwell at length upon the facts
    and evidence of the case to reverse those findings.

    15. This position was reiterated in State of Gujarat v.

    Dilipsinh Kishorsinh Rao, (2023) 17 SCC 688: 2023 SCC OnLine SC

    1294, wherein it was observed at page 695:

    “14. The power and jurisdiction of the Higher Court under
    Section 397 CrPC, which vests the court with the power to

    call for and examine records of an inferior court, is for the
    purposes of satisfying itself as to the legality and
    regularities of any proceeding or order made in a case.
    The object of this provision is to set right a patent defect
    or an error of jurisdiction or law or the perversity which
    has crept in such proceedings.

    15. It would be apposite to refer to the judgment of this
    Court in Amit Kapoor v. Ramesh Chander [Amit Kapoor v.
    Ramesh Chander, (2012) 9 SCC 460: (2012) 4 SCC (Civ) 687:

    (2013) 1 SCC (Cri) 986], where scope of Section 397 has

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    10
    2026:HHC:17432

    been considered and succinctly explained as under: (SCC
    p. 475, paras 12-13)
    “12. Section 397 of the Code vests the court with the

    .

    power to call for and examine the records of an inferior

    court for the purposes of satisfying itself as to the legality
    and regularity of any proceedings or order made in a case.
    The object of this provision is to set right a patent defect

    or an error of jurisdiction or law. There has to be a well-
    founded error, and it may not be appropriate for the court
    to scrutinise the orders, which, upon the face of it, bear a

    of
    token of careful consideration and appear to be in
    accordance with law. If one looks into the various
    judgments of this Court, it emerges that the revisional
    jurisdiction can be invoked where the decisions under
    rt
    challenge are grossly erroneous, there is no compliance
    with the provisions of law, the finding recorded is based

    on no evidence, material evidence is ignored, or judicial
    discretion is exercised arbitrarily or perversely. These are
    not exhaustive classes, but are merely indicative. Each
    case would have to be determined on its own merits.

    13. Another well-accepted norm is that the revisional
    jurisdiction of the higher court is a very limited one and

    cannot be exercised in a routine manner. One of the
    inbuilt restrictions is that it should not be against an

    interim or interlocutory order. The Court has to keep in
    mind that the exercise of revisional jurisdiction itself
    should not lead to injustice ex facie. Where the Court is

    dealing with the question as to whether the charge has
    been framed properly and in accordance with law in a
    given case, it may be reluctant to interfere in the exercise
    of its revisional jurisdiction unless the case substantially
    falls within the categories aforestated. Even the framing
    of the charge is a much-advanced stage in the
    proceedings under CrPC.”

    16. It was held in Kishan Rao v. Shankargouda, (2018) 8

    SCC 165: (2018) 3 SCC (Cri) 544: (2018) 4 SCC (Civ) 37: 2018 SCC

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    11
    2026:HHC:17432

    OnLine SC 651 that it is impermissible for the High Court to

    reappreciate the evidence and come to its conclusions in the

    .

    absence of any perversity. It was observed at page 169:

    “12. This Court has time and again examined the scope of

    Sections 397/401 CrPC and the grounds for exercising the
    revisional jurisdiction by the High Court. In State of
    Kerala v. Puttumana Illath Jathavedan Namboodiri
    , (1999)

    of
    2 SCC 452: 1999 SCC (Cri) 275], while considering the scope
    of the revisional jurisdiction of the High Court, this Court
    has laid down the following: (SCC pp. 454-55, para 5)

    5. … In its revisional jurisdiction, the High Court can
    rt
    call for and examine the record of any proceedings
    to satisfy itself as to the correctness, legality or

    propriety of any finding, sentence or order. In other
    words, the jurisdiction is one of supervisory
    jurisdiction exercised by the High Court for
    correcting a miscarriage of justice. But the said

    revisional power cannot be equated with the power
    of an appellate court, nor can it be treated even as a
    second appellate jurisdiction. Ordinarily, therefore,

    it would not be appropriate for the High Court to
    reappreciate the evidence and come to its

    conclusion on the same when the evidence has
    already been appreciated by the Magistrate as well

    as the Sessions Judge in appeal, unless any glaring
    feature is brought to the notice of the High Court
    which would otherwise amount to a gross
    miscarriage of justice. On scrutinising the
    impugned judgment of the High Court from the
    aforesaid standpoint, we have no hesitation in
    concluding that the High Court exceeded its
    jurisdiction in interfering with the conviction of the
    respondent by reappreciating the oral evidence. …”

    13. Another judgment which has also been referred to and
    relied on by the High Court is the judgment of this Court

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    12
    2026:HHC:17432

    in Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke,
    (2015) 3 SCC 123: (2015) 2 SCC (Cri) 19]. This Court held
    that the High Court, in the exercise of revisional

    .

    jurisdiction, shall not interfere with the order of the

    Magistrate unless it is perverse or wholly unreasonable or
    there is non-consideration of any relevant material, the
    order cannot be set aside merely on the ground that

    another view is possible. The following has been laid
    down in
    para 14: (SCC p. 135)
    “14. … Unless the order passed by the Magistrate is

    of
    perverse or the view taken by the court is wholly
    unreasonable or there is non-consideration of any
    relevant material or there is palpable misreading of
    records, the Revisional Court is not justified in
    rt
    setting aside the order, merely because another
    view is possible. The Revisional Court is not meant

    to act as an appellate court. The whole purpose of
    the revisional jurisdiction is to preserve the power
    in the court to do justice in accordance with the
    principles of criminal jurisprudence. The revisional

    power of the court under Sections 397 to 401 CrPC is
    not to be equated with that of an appeal. Unless the
    finding of the court, whose decision is sought to be

    revised, is shown to be perverse or untenable in law
    or is grossly erroneous or glaringly unreasonable or

    where the decision is based on no material or where
    the material facts are wholly ignored or where the

    judicial discretion is exercised arbitrarily or
    capriciously, the courts may not interfere with the
    decision in exercise of their revisional jurisdiction.”

    17. This position was reiterated in Bir Singh v. Mukesh

    Kumar, (2019) 4 SCC 197: (2019) 2 SCC (Cri) 40: (2019) 2 SCC (Civ)

    309: 2019 SCC OnLine SC 13, wherein it was observed at page 205:

    “16. It is well settled that in the exercise of revisional
    jurisdiction under Section 482 of the Criminal Procedure

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    13
    2026:HHC:17432

    Code, the High Court does not, in the absence of
    perversity, upset concurrent factual findings. It is not for
    the Revisional Court to re-analyse and re-interpret the

    .

    evidence on record.

    17. As held by this Court in Southern Sales & Services v.
    Sauermilch Design and Handels GmbH
    , (2008) 14 SCC 457, it
    is a well-established principle of law that the Revisional

    Court will not interfere even if a wrong order is passed by
    a court having jurisdiction, in the absence of a
    jurisdictional error. The answer to the first question is,

    of
    therefore, in the negative.”

    18. The present revision has to be decided as per the
    rt
    parameters laid down by the Hon’ble Supreme Court.

    19. Constable Maan Singh (PW1), ASI Prem Singh (PW5)

    and ASI Sandeep Kumar (PW8) supported the prosecution case

    in their examination-in-chief. Learned Counsel for the

    petitioners/accused submitted that their testimonies contain the

    following contradictions: –

    1) As per the prosecution’s case, Rukka was sent by
    Constable Maan Singh (PW1). However, Constable Maan

    Singh (PW1) stated that he did not know who had carried
    the rukka to the Police Station and who had brought the
    file to the spot.

    2) ASI Prem Singh (PW5) stated that he had no knowledge
    about the registration number of the motorcycle or who
    had owned the motorcycle. ASI Sandeep Kumar stated
    that the motorcycle belonged to Prem Singh and that he
    was driving it. The government motorcycle was being
    driven by Maan Singh (PW1).

    3) Maan Singh (PW1) stated that the accused person did
    not have the documents of the vehicle, whereas Sandeep

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    14
    2026:HHC:17432

    Kumar (PW8) stated that the registration certificate and
    driving license of the vehicle were seized by the Police
    vide memo (Ext.PW2/A), which were sent to the Police

    .

    Station along with the case property. Further, no entry

    was made in the Malkhaana Register about the receipt of
    the registration certificate and driving license.

    4)The prosecution asserted that the recovery was effected

    at a lonely and deserted place. ASI Prem Singh (PW5)
    stated that the road was busy. ASI Sandep Kumar (PW8)
    stated that the bags were brought from the shop Sidhpur

    of
    Bazaar by HHC Sanjay Kumar. ASI Prem Singh (PW5)
    stated that bags were brought from the nearby shop.
    However, no independent person was called from the
    shop.

    20.
    rt
    Hon’ble Supreme Court held in Rajan v. State of

    Haryana, 2025 SCC OnLine SC 1952, that the discrepancies in the

    statements of the witnesses are not sufficient to discard the

    prosecution case unless they shake the core of the testimonies.

    It was observed: –

    “32. The appreciation of ocular evidence is a hard task.
    There is no fixed or straitjacket formula for the
    appreciation of the ocular evidence. The judicially evolved

    principles for the appreciation of ocular evidence in a
    criminal case can be enumerated as follows:

    “I. While appreciating the evidence of a witness, the
    approach must be whether the evidence of the witness,
    read as a whole, appears to have a ring of truth. Once
    that impression is formed, it is undoubtedly necessary
    for the Court to scrutinise the evidence more
    particularly, keeping in view the deficiencies,
    drawbacks and infirmities pointed out in the evidence
    as a whole and evaluate them to find out whether it is
    against the general tenor of the evidence given by the

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    15
    2026:HHC:17432

    witness and whether the earlier evaluation of the
    evidence is shaken as to render it unworthy of belief.
    II. If the Court before whom the witness gives evidence

    .

    had the opportunity to form the opinion about the

    general tenor of evidence given by the witness, the
    appellate court which had not this benefit will have to
    attach due weight to the appreciation of evidence by

    the trial court and unless there are reasons weighty
    and formidable it would not be proper to reject the
    evidence on the ground of minor variations or

    of
    infirmities in the matter of trivial details.
    III. When an eye-witness is examined at length, it is
    quite possible for him to make some discrepancies. But
    rt
    courts should bear in mind that it is only when
    discrepancies in the evidence of a witness are so
    incompatible with the credibility of his version that the

    court is justified in jettisoning his evidence.
    IV. Minor discrepancies on trivial matters not touching
    the core of the case, a hyper-technical approach by

    taking sentences torn out of context here or there from
    the evidence, attaching importance to some technical
    error committed by the investigating officer, not going

    to the root of the matter, would not ordinarily permit
    rejection of the evidence as a whole.

    V. Too serious a view to be adopted on mere variations
    falling in the narration of an incident (either as

    between the evidence of two witnesses or as between
    two statements of the same witness) is an unrealistic
    approach for judicial scrutiny.

    VI. By and large, a witness cannot be expected to
    possess a photographic memory and to recall the
    details of an incident. It is not as if a videotape is
    replayed on the mental screen.

    VII. Ordinarily, it so happens that a witness is
    overtaken by events. The witness could not have
    anticipated the occurrence, which so often has an

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    16
    2026:HHC:17432

    element of surprise. The mental faculties, therefore,
    cannot be expected to be attuned to absorb the details.
    VIII. The powers of observation differ from person to

    .

    person. What one may notice, another may not. An

    object or movement might emboss its image on one
    person’s mind, whereas it might go unnoticed on the
    part of another.

    IX. By and large, people cannot accurately recall a
    conversation and reproduce the very words used by
    them or heard by them. They can only recall the main

    of
    purport of the conversation. It is unrealistic to expect a
    witness to be a human tape recorder.
    X. In regard to the exact time of an incident, or the
    rt
    time duration of an occurrence, usually, people make
    their estimates by guesswork on the spur of the

    moment at the time of interrogation. And one cannot
    expect people to make very precise or reliable
    estimates in such matters. Again, it depends on the
    time sense of individuals, which varies from person to

    person.

    XI. Ordinarily, a witness cannot be expected to recall
    accurately the sequence of events that take place in

    rapid succession or in a short time span. A witness is

    liable to get confused or mixed up when interrogated
    later on.

    XII. A witness, though wholly truthful, is liable to be

    overawed by the court atmosphere and the piercing
    cross-examination by counsel and, out of nervousness,
    mix up facts, get confused regarding the sequence of
    events, or fill in details from imagination on the spur
    of the moment. The subconscious mind of the witness
    sometimes operates on account of the fear of looking
    foolish or being disbelieved, though the witness is
    giving a truthful and honest account of the occurrence
    witnessed by him.

    XIII. A former statement, though seemingly
    inconsistent with the evidence, need not necessarily be

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    17
    2026:HHC:17432

    sufficient to amount to a contradiction. Unless the
    former statement has the potency to discredit the latter
    statement, even if the latter statement is at variance

    .

    with the former to some extent, it would not be helpful

    to contradict that witness.” [See Bharwada
    Bhoginbhai Hirjibhai v. State of Gujarat
    (1983) 3 SCC
    217: 1983 Cri LJ 1096: (AIR 1983 SC 753) Leela Ram v.

    State of Haryana (1999) 9 SCC 525: AIR 1999 SC 3717
    and Tahsildar Singh v. State of UP (AIR 1959 SC
    1012)”

    of

    21. It was laid down by the Hon’ble Supreme Court in

    Karan Singh v. State of U.P., (2022) 6 SCC 52: (2022) 2 SCC (Cri)
    rt
    479: 2022 SCC OnLine SC 253 that the Court has to examine the

    evidence of the witnesses to find out whether it has a ring of

    truth or not. The Court should not give undue importance to

    omissions, contradictions and discrepancies which do not go to

    the heart of the matter. It was observed at page 60: –

    “38. From the evidence of Mahender Singh, PW 4, it

    appears that no specific question was put to him as to
    whether the appellant was present at the place of
    occurrence or not. This Court in Rohtash Kumar v. State of

    Haryana [Rohtash Kumar v. State of Haryana, (2013) 14 SCC
    434: (2014) 4 SCC (Cri) 238] held: (SCC p. 446, para 24)
    “24. … The court has to examine whether the evidence
    read as a whole appears to have a ring of truth. Once
    that impression is formed, it is undoubtedly necessary
    for the court to scrutinise the evidence more,
    particularly keeping in view the deficiencies,
    drawbacks, and infirmities pointed out in the evidence
    as a whole and evaluate them to find out whether it is
    against the general tenor of the evidence given by the
    witnesses and whether the earlier evaluation of the

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    18
    2026:HHC:17432

    evidence is shaken, as to render it unworthy of belief.
    Thus, the court is not supposed to give undue
    importance to omissions, contradictions and

    .

    discrepancies which do not go to the heart of the

    matter and shake the basic version of the prosecution
    witness.”

    39. Referring to Narayan Chetanram Chaudhary v. State of

    Maharashtra [Narayan Chetanram Chaudhary v. State of
    Maharashtra, (2000) 8 SCC 457: 2000 SCC (Cri) 1546], Mr
    Tyagi argued that minor discrepancies caused by lapses in

    of
    memory were acceptable, contradictions were not. In this
    case, there was no contradiction, only minor
    discrepancies.

    rt

    40. In Kuriya v. State of Rajasthan [Kuriya v. State of
    Rajasthan, (2012) 10 SCC 433: (2013) 1 SCC (Cri) 202], this
    Court held: (SCC pp. 447-48, paras 30-32)

    “30. This Court has repeatedly taken the view that the
    discrepancies or improvements which do not
    materially affect the case of the prosecution and are

    insignificant cannot be made the basis for doubting
    the case of the prosecution. The courts may not
    concentrate too much on such discrepancies or

    improvements. The purpose is to primarily and clearly
    sift the chaff from the grain and find out the truth

    from the testimony of the witnesses. Where it does not
    affect the core of the prosecution case, such a
    discrepancy should not be attached undue

    significance. The normal course of human conduct
    would be that while narrating a particular incident,
    there may occur minor discrepancies. Such
    discrepancies may even, in law, render credentials to
    the depositions. The improvements or variations must
    essentially relate to the material particulars of the
    prosecution case. The alleged improvements and
    variations must be shown with respect to the material
    particulars of the case and the occurrence. Every such
    improvement, not directly related to the occurrence, is
    not a ground to doubt the testimony of a witness. The

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    19
    2026:HHC:17432

    credibility of a definite circumstance of the
    prosecution case cannot be weakened with reference
    to such minor or insignificant improvements.

    .

    Reference in this regard can be made to the judgments

    of this Court in Kathi Bharat Vajsur v. State of Gujarat
    [Kathi Bharat Vajsur v. State of Gujarat, (2012) 5 SCC
    724 : (2012) 2 SCC (Cri) 740], Narayan Chetanram

    Chaudhary v. State of Maharashtra [Narayan Chetanram
    Chaudhary v. State of Maharashtra, (2000) 8 SCC 457:

    2000 SCC (Cri) 1546], Gura Singh v. State of Rajasthan

    of
    [Gura Singh v. State of Rajasthan, (2001) 2 SCC 205: 2001
    SCC (Cri) 323] and Sukhchain Singh v. State of Haryana
    [Sukhchain Singh v. State of Haryana, (2002) 5 SCC 100:

    2002 SCC (Cri) 961].

    rt

    31. What is to be seen next is whether the version
    presented in the Court was substantially similar to

    what was said during the investigation. It is only when
    exaggeration fundamentally changes the nature of the
    case that the Court has to consider whether the
    witness was stating the truth or not. [Ref. Sunil Kumar

    v. State (NCT of Delhi) [Sunil Kumar v. State (NCT of
    Delhi), (2003) 11 SCC 367: 2004 SCC (Cri) 1055]].

    32. These are variations that would not amount to any
    serious consequences. The Court has to accept the

    normal conduct of a person. The witness who is
    watching the murder of a person being brutally beaten
    by 15 people can hardly be expected to state a minute-

    by-minute description of the event. Everybody, and
    more particularly a person who is known to or is
    related to the deceased, would give all their attention
    to take steps to prevent the assault on the victim and
    then to make every effort to provide them with
    medical aid and inform the police. The statements that
    are recorded immediately upon the incident would
    have to be given a little leeway with regard to the
    statements being made and recorded with utmost
    exactitude. It is a settled principle of law that every
    improvement or variation cannot be treated as an

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    20
    2026:HHC:17432

    attempt to falsely implicate the accused by the
    witness. The approach of the court has to be
    reasonable and practicable. Reference in this regard

    .

    can be made to Ashok Kumar v. State of Haryana [Ashok

    Kumar v. State of Haryana, (2010) 12 SCC 350: (2011) 1
    SCC (Cri) 266] and Shivlal v. State of Chhattisgarh
    [Shivlal v. State of Chhattisgarh, (2011) 9 SCC 561: (2011)

    3 SCC (Cri) 777].”

    41. In Shyamal Ghosh v. State of W.B. [Shyamal Ghosh v.
    State of W.B., (2012) 7 SCC 646: (2012) 3 SCC (Cri) 685], this

    of
    Court held: (SCC pp. 666-67, paras 46 & 49)
    “46. Then, it was argued that there are certain
    discrepancies and contradictions in the statements of
    rt
    the prosecution witnesses inasmuch as these
    witnesses have given different timings as to when they
    had seen the scuffling and strangulation of the

    deceased by the accused. … Undoubtedly, some minor
    discrepancies or variations are traceable in the
    statements of these witnesses. But what the Court has

    to see is whether these variations are material and
    affect the case of the prosecution substantially. Every
    variation may not be enough to adversely affect the

    case of the prosecution.

    ***

    49. It is a settled principle of law that the court should
    examine the statement of a witness in its entirety and

    read the said statement along with the statements of
    other witnesses in order to arrive at a rational
    conclusion. No statement of a witness can be read in
    part and/or in isolation. We are unable to see any
    material or serious contradiction in the statement of
    these witnesses which may give any advantage to the
    accused.”

    42. In Rohtash Kumar v. State of Haryana [Rohtash Kumar
    v. State of Haryana, (2013) 14 SCC 434: (2014) 4 SCC (Cri)
    238], this Court held: (SCC p. 446, para 24)

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    21
    2026:HHC:17432

    “24. … The court has to examine whether the evidence
    read as a whole appears to have a ring of truth. Once
    that impression is formed, it is undoubtedly necessary

    .

    for the court to scrutinise the evidence more,

    particularly keeping in view the deficiencies,
    drawbacks, and infirmities pointed out in the evidence
    as a whole and evaluate them to find out whether it is

    against the general tenor of the evidence given by the
    witnesses and whether the earlier evaluation of the
    evidence is shaken, as to render it unworthy of belief.

    of
    Thus, the court is not supposed to give undue
    importance to omissions, contradictions and
    discrepancies which do not go to the heart of the
    matter and shake the basic version of the prosecution
    rt
    witness.”

    22. Similar is the judgment in Anuj Singh v. State of Bihar,

    2022 SCC OnLine SC 497: AIR 2022 SC 2817, wherein it was

    observed:

    “17. It is not disputed that there are minor contradictions
    with respect to the time of the occurrence or injuries

    attributed to the hand or foot, but the constant narrative
    of the witnesses is that the appellants were present at the

    place of occurrence, armed with guns, and they caused
    the injury to the informant, PW-6. However, the

    testimony of a witness in a criminal trial cannot be
    discarded merely because of minor contradictions or
    omissions, as observed by this court in Narayan
    Chetanram Chaudhary & Anr. Vs. State of Maharashtra
    ,
    2000 8 SCC 457. This Court, while considering the issue of
    contradictions in the testimony while appreciating the
    evidence in a criminal trial, held that only contradictions
    in material particulars and not minor contradictions can
    be grounds to discredit the testimony of the witnesses.
    The relevant portion of para 42 of the judgment reads as
    follows:

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    22

    2026:HHC:17432

    “42. Only such omissions that amount to a
    contradiction in material particulars can be used to
    discredit the testimony of the witness. The

    .

    omission in the police statement by itself would not

    necessarily render the testimony of the witness
    unreliable. When the version given by the witness
    in the court is different in material particulars from

    that disclosed in his earlier statements, the case of
    the prosecution becomes doubtful and not
    otherwise. Minor contradictions are bound to

    of
    appear in the statements of truthful witnesses as
    memory sometimes plays false, and the sense of
    observation differs from person to person. The
    omissions in the earlier statement, if found to be of
    rt
    trivial details, as in the present case, the same
    would not cause any dent in the testimony of PW 2.

    Even if there is a contradiction of a statement of a
    witness on any material point, that is no ground to
    reject the whole of the testimony of such witness.”

    23. The contradictions pointed out in the present case do

    not relate to the core of the prosecution case but to the matters

    surrounding the recovery, which are bound to come with time.

    Further, the learned Courts below rightly held that the accused

    had admitted the recovery of the liquor from their car and the

    fact that the accused Sanjay was driving the car and Nek Ram

    was travelling in it. Therefore, these contradictions will become

    insignificant. It was laid down by the Hon’ble Supreme Court in

    State of Maharashtra v. Sukhdev Singh, (1992) 3 SCC 700: 1992 SCC

    (Cri) 705: 1992 SCC OnLine SC 421 that the Courts can rely upon

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    23
    2026:HHC:17432

    the statement of the accused recorded under section 313 of the

    Cr.P.C. It was observed at page 742:

    .

    “51. That brings us to the question of whether such a
    statement recorded under Section 313 of the Code can
    constitute the sole basis for conviction. Since no oath is

    administered to the accused, the statements made by the
    accused will not be evidence stricto sensu. That is why
    sub-section (3) says that the accused shall not render

    of
    himself liable to punishment if he gives false answers.
    Then comes sub-section (4), which reads:

    “313. (4) The answers given by the accused may be
    taken into consideration in such inquiry or trial, and
    rt
    put in evidence for or against him in any other
    inquiry into, or trial for, any other offence which

    such answers may tend to show he has committed.”

    Thus, the answers given by the accused in response to his
    examination under Section 313 can be taken into

    consideration in such an inquiry or trial. This much is
    clear on a plain reading of the above sub-section.
    Therefore, though not strictly evidence, sub-section (4)

    permits that it may be taken into consideration in the said
    inquiry or trial. See State of Maharashtra v. R.B. Chowdhari

    (1967) 3 SCR 708: AIR 1968 SC 110: 1968 Cri LJ 95. This
    Court, in the case of Hate Singh Bhagat Singh v. State of
    M.B. 1951 SCC 1060: 1953 Cri LJ 1933: AIR 1953 SC 468, held

    that an answer given by an accused under Section 313
    examination can be used for proving his guilt as much as
    the evidence given by a prosecution witness. In Narain
    Singh v. State of Punjab
    (1963) 3 SCR 678: (1964) 1 Cri LJ
    730, this Court held that if the accused confesses to the
    commission of the offence with which he is charged, the
    Court may, relying upon that confession, proceed to
    convict him. To state the exact language in which the
    three-Judge bench answered the question, it would be
    advantageous to reproduce the relevant observations at
    pages 684-685:

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    24

    2026:HHC:17432

    “Under Section 342 of the Code of Criminal
    Procedure by the first sub-section, insofar as it is
    material, the Court may at any stage of the enquiry

    .

    or trial and after the witnesses for the prosecution

    have been examined and before the accused is
    called upon for his defence shall put questions to
    the accused person for the purpose of enabling him

    to explain any circumstance appearing in the
    evidence against him. Examination under Section
    342 is primarily to be directed to those matters on

    of
    which evidence has been led for the prosecution to
    ascertain from the accused his version or
    explanation, if any, of the incident which forms the
    subject-matter of the charge and his defence. By
    rt
    sub-section (3), the answers given by the accused
    may ‘be taken into consideration’ at the enquiry or

    the trial. If the accused person in his examination
    under Section 342 confesses to the commission of the
    offence charged against him the court may, relying
    upon that confession, proceed to convict him, but if he

    does not confess and in explaining circumstance
    appearing in the evidence against him sets up his
    own version and seeks to explain his conduct

    pleading that he has committed no offence, the
    statement of the accused can only be taken into

    consideration in its entirety.” (emphasis supplied)
    Sub-section (1) of Section 313 corresponds to sub-section

    (1) of Section 342 of the old Code, except that it now
    stands bifurcated in two parts with the proviso added
    thereto clarifying that in summons cases where the
    presence of the accused is dispensed with, his
    examination under clause (b) may also be dispensed with.

    Sub-section (2) of Section 313 reproduces the old sub-
    section (4), asd the present sub-section (3) corresponds
    to the old sub-section (2) except for the change
    necessitated on account of the abolition of the jury
    system. The present sub-section (4) with which we are
    concerned is a verbatim reproduction of the old sub-

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    25

    2026:HHC:17432

    section (3). Therefore, the aforestated observations apply
    with equal force.”

    24. It was laid down by the Hon’ble Supreme Court in

    .

    Mohan Singh v. Prem Singh, (2002) 10 SCC 236: 2003 SCC (Cri)

    1514: 2002 SCC OnLine SC 933, that the statement made by the

    accused under Section 313 Cr.P.C. can be used to lend credence to

    of
    the evidence led by the prosecution, but such statement cannot

    form the sole basis for conviction. It was observed at page 244:

    rt

    27. The statement made in defence by the accused under
    Section 313 CrPC can certainly be taken aid of to lend

    credence to the evidence led by the prosecution, but only
    a part of such statement under Section 313 of the Code of
    Criminal Procedure cannot be made the sole basis of his
    conviction. The law on the subject is almost settled that

    the statement under Section 313 CrPC of the accused can
    either be relied on in whole or in part. It may also be
    possible to rely on the inculpatory part of his statement if

    the exculpatory part is found to be false on the basis of
    the evidence led by the prosecution. See Nishi Kant Jha v.

    State of Bihar (1969) 1 SCC 347: AIR 1969 SC 422: (SCC pp.
    357-58, para 23)

    “23. In this case, the exculpatory part of the
    statement in Exhibit 6 is not only inherently
    improbable but is contradicted by the other
    evidence. According to this statement, the injury
    that the appellant received was caused by the
    appellant’s attempt to catch hold of the hand of Lal
    Mohan Sharma to prevent the attack on the victim.
    This was contradicted by the statement of the
    accused himself under Section 342 CrPC to the effect
    that he had received the injury in a scuffle with a
    herdsman. The injury found on his body when he

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    26
    2026:HHC:17432

    was examined by the doctor on 13-10-1961,
    negatives of both these versions. Neither of these
    versions accounts for the profuse bleeding which led

    .

    to his washing his clothes and having a bath in River

    Patro, the amount of bleeding and the washing of
    the bloodstains being so considerable as to attract
    the attention of Ram Kishore Pandey, PW 17 and

    asking him about the cause thereof. The bleeding
    was not a simple one as his clothes all got stained
    with blood, as also his books, his exercise book, his

    of
    belt and his shoes. More than that, the knife which
    was discovered on his person was found to have
    been stained with blood according to the report of
    the Chemical Examiner. According to the post-
    rt
    mortem report, this knife could have been the cause
    of the injuries on the victim. In circumstances like

    these, there being enough evidence to reject the
    exculpatory part of the statement of the appellant in
    Exhibit 6, the High Court had acted rightly in accepting
    the inculpatory part and piercing the same with the

    other evidence to come to the conclusion that the
    appellant was the person responsible for the crime.”
    (emphasis supplied)

    25. It was laid down in Ramnaresh v. State of

    Chhattisgarh, (2012) 4 SCC 257: (2012) 2 SCC (Cri) 382: 2012 SCC

    OnLine SC 213, that the statement of the accused under Section

    313 Cr.P.C., in so far as it supports the prosecution’s case, can be

    used against him for recording a conviction. It was observed at

    page 275: –

    “52. It is a settled principle of law that the obligation to
    put material evidence to the accused under Section 313
    CrPC is upon the court. One of the main objects of
    recording a statement under this provision of the CrPC is

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    27
    2026:HHC:17432

    to give an opportunity to the accused to explain the
    circumstances appearing against him as well as to put
    forward his defence, if the accused so desires. But once he

    .

    does not avail this opportunity, then consequences in law

    must follow. Where the accused takes advantage of this
    opportunity, then his statement made under Section 313
    CrPC, insofar as it supports the case of the prosecution,

    can be used against him for rendering a conviction. Even
    under the latter, he faces the consequences in law.”

    26. This position was reiterated in Ashok Debbarma v.

    of
    State of Tripura, (2014) 4 SCC 747: (2014) 2 SCC (Cri) 417: 2014 SCC

    OnLine SC 199, and it was held that the statement of the accused
    rt
    recorded under Section 313 of the Cr.P.C. can be used to lend

    corroboration to the statements of prosecution witnesses. It

    was held at page 761: –

    24. We are of the view that, under Section 313 statement,
    if the accused admits that, from the evidence of various

    witnesses, four persons sustained severe bullet injuries
    by the firing by the accused and his associates, that

    admission of guilt in Section 313 statement cannot be
    brushed aside. This Court in State of Maharashtra v.

    Sukhdev Singh [(1992) 3 SCC 700: 1992 SCC (Cri) 705 held

    that since no oath is administered to the accused, the
    statement made by the accused under Section 313 CrPC
    will not be evidence stricto sensu and the accused, of
    course, shall not render himself liable to punishment
    merely on the basis of answers given while he was being
    examined under Section 313 CrPC. But, sub-section (4)
    says that the answers given by the accused in response to
    his examination under Section 313 CrPC can be taken
    into consideration in such an inquiry or trial. This Court
    in Hate Singh Bhagat Singh v. State of Madhya Bharat, 1951
    SCC 1060: AIR 1953 SC 468: 1953 Cri LJ 1933 held that the

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    28
    2026:HHC:17432

    answers given by the accused under Section 313
    examination can be used for proving his guilt as much as
    the evidence given by the prosecution witness. In Narain

    .

    Singh v. State of Punjab (1964) 1 Cri LJ 730: (1963) 3 SCR

    678, this Court held that when the accused confesses to
    the commission of the offence with which he is charged,
    the court may rely upon the confession and proceed to

    convict him.

    25. This Court in Mohan Singh v. Prem Singh (2002) 10
    SCC 236: 2003 SCC (Cri) 1514 held that: (SCC p. 244, para

    of

    27)
    “27. The statement made in defence by the
    rt accused under Section 313 CrPC can certainly be
    taken aid of to lend credence to the evidence led
    by the prosecution, but only a part of such
    statement under Section 313 CrPC cannot be

    made the sole basis of his conviction.”
    In this connection, reference may also be made to the
    judgments of this Court in Devender Kumar Singla v.

    Baldev Krishan Singla (2005) 9 SCC 15: 2005 SCC (Cri) 1185
    and Bishnu Prasad Sinha v. State of Assam (2007) 11 SCC
    467: (2008) 1 SCC (Cri) 766. The abovementioned decisions

    would indicate that the statement of the accused under
    Section 313 CrPC for the admission of his guilt or

    confession as such cannot be made the sole basis for
    finding the accused guilty, the reason being he is not
    making the statement on oath, but all the same the

    confession or admission of guilt can be taken as a piece of
    evidence since the same lends credence to the evidence
    led by the prosecution.

    26. We may, however, indicate that the answers given by
    the accused while examining him under Section 313, fully
    corroborate the evidence of PW 10 and PW 13 and hence
    the offences levelled against the appellant stand proved,
    and the trial court and the High Court have rightly found
    him guilty for the offences under Sections 326, 436 and
    302 read with Section 34 IPC.”

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    29

    2026:HHC:17432

    27. Therefore, the admissions made by the accused in

    their statements recorded under Section 313 of the Cr.P.C. could

    .

    have been used to lend corroboration to the prosecution’s case,

    and once the prosecution’s version was admitted by the accused,

    the minor contradictions related to the periphery of the case

    would become insignificant.

    of

    28. It was submitted that the recovery was effected from
    rt
    a car and provisions of Section 100 (4) of the Cr.P.C. would apply

    to the present case. The prosecution had failed to comply with

    the requirements of Section 100 (4) of the Cr.P.C., and the

    prosecution’s case is doubtful. This submission cannot be

    accepted. The learned courts below had rightly pointed out that

    the police had no prior information, and it was a case of chance

    recovery. The police became suspicious of the conduct of the

    accused and searched the car, leading to the recovery of the

    liquor. It was laid down by the Hon’ble Supreme Court in

    Kashmira Singh Versus State of Punjab 1999 (1) SCC 130 that the

    police party is under no obligation to join independent witnesses

    while going on patrolling duty, and the association of any

    person after effecting the recovery would be meaningless. It was

    observed:

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    30

    2026:HHC:17432

    “3. Learned counsel for the appellant has taken us
    through the evidence recorded by the prosecution, as also
    the judgment under appeal. Except for the comment that

    .

    the prosecution is supported by two police officials and

    not by any independent witness, no other comment
    against the prosecution is otherwise offered. This
    comment is not of any value since the police party was on

    patrolling duty, and they were not required to take along
    independent witnesses to support recovery if and when
    made. It has come to the evidence of ASI Jangir Singh that

    of
    after the recovery had been effected, some people had
    passed by. Even so, obtaining their counter-signatures on
    the documents already prepared would not have lent any
    further credence to the prosecution’s version.”

    rt

    29. It was laid down by this court in Chet Ram Vs State,

    Criminal Appeal No. 151/2006, decided on 25.7.2018, that the non-

    association of independent witnesses in a case of chance

    recovery is not fatal to the prosecution’s case. It was observed: –

    “(A)appellant was intercepted, and a search of his bag

    was conducted on suspicion, when he turned back and
    tried to flee, on seeing the police. Police officials did not

    have any prior information, nor did they have any reason
    to believe that he was carrying any contraband. They

    overpowered him when he tried to run away and
    suspected that he might be carrying some contraband in
    his bag. Therefore, the bag was searched, and Charas was
    recovered. After the recovery of Charas, there was hardly
    any need to associate with any person from the nearby village
    because there was nothing to be witnessed.

    It is by now well settled that non-association of
    independent witnesses or non-support of the
    prosecution’s version by independent witnesses where
    they are associated, by itself, is not a ground to acquit an
    accused. It is also well-settled that the testimony of

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    31
    2026:HHC:17432

    official witnesses, including police officials, carries the
    same evidentiary value as the testimony of any other
    person. The only difference is that Courts have to be

    .

    more circumspect while appreciating the evidence of

    official witnesses to rule out the possibility of false
    implication of the accused, especially when such a plea is
    specifically raised by the defence. Therefore, while

    scrutinising the evidence of official witnesses, in a case
    where independent witnesses are not associated,
    contradictions and inconsistencies in the testimony of

    of
    such witnesses are required to be taken into account and
    given due weightage unless satisfactorily explained. Of
    course, it is only the material contradictions and not the
    trivial ones, which assume significance.” (Emphasis
    rt
    supplied)

    30. It was laid down by the Hon’ble Supreme Court of

    India in Raveen Kumar v. State of H.P., (2021) 12 SCC 557: (2023) 2

    SCC (Cri) 230: 2020 SCC OnLine SC 869 that non-association of

    the independent witnesses will not be fatal to the prosecution

    case. However, the Court will have to scrutinise the statements

    of prosecution witnesses carefully. It was observed on page 566:

    “(C) Need for independent witnesses

    19. It would be gainsaid that the lack of independent
    witnesses is not fatal to the prosecution’s case. [Kalpnath
    Rai v. State
    , (1997) 8 SCC 732: 1998 SCC (Cri) 134: AIR 1998
    SC 201, para 9] However, such omissions cast an added
    duty on courts to adopt a greater degree of care while
    scrutinising the testimonies of the police officers, which,
    if found reliable, can form the basis of a successful
    conviction.”

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    32

    2026:HHC:17432

    31. This position was reiterated in Rizwan Khan v. State

    of Chhattisgarh, (2020) 9 SCC 627: 2020 SCC OnLine SC 730,

    .

    wherein it was observed at page 633:

    “12. It is settled law that the testimony of the official

    witnesses cannot be rejected on the grounds of non-
    corroboration by independent witnesses. As observed and
    held by this Court in a catena of decisions, examination of

    of
    independent witnesses is not an indispensable
    requirement and such non-examination is not
    necessarily fatal to the prosecution’s case [see Pardeep
    Kumar [State of H.P. v. Pardeep Kumar
    , (2018) 13 SCC 808:

    rt
    (2019) 1 SCC (Cri) 420]].

    13. In the recent decision in Surinder Kumar v. State of

    Punjab [Surinder Kumar v. State of Punjab, (2020) 2 SCC
    563: (2020) 1 SCC (Cri) 767], while considering somewhat
    similar submission of non-examination of independent
    witnesses, while dealing with the offence under the NDPS

    Act, in paras 15 and 16, this Court observed and held as
    under: (SCC p. 568)

    “15. The judgment in Jarnail Singh v. State of Punjab
    [Jarnail Singh
    v. State of Punjab, (2011) 3 SCC 521: (2011)

    1 SCC (Cri) 1191], relied on by the counsel for the
    respondent State, also supports the case of the
    prosecution. In the aforesaid judgment, this Court has

    held that merely because the prosecution did not
    examine any independent witness would not
    necessarily lead to a conclusion that the accused was
    falsely implicated. The evidence of official witnesses
    cannot be distrusted and disbelieved merely on
    account of their official status.

    16. In State (NCT of Delhi) v. Sunil [State (NCT of Delhi)
    v. Sunil, (2001) 1 SCC 652: 2001 SCC (Cri) 248], it was
    held as under: (SCC p. 655)

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    33
    2026:HHC:17432

    ‘It is an archaic notion that actions of the police
    officer should be approached with initial distrust. It
    is time now to start placing at least initial trust in

    .

    the actions and the documents made by the police.

    At any rate, the court cannot start with the
    presumption that the police records are
    untrustworthy. As a proposition of law, the

    presumption should be the other way around. That
    official acts of the police have been regularly
    performed is a wise principle of presumption and

    of
    recognised even by the legislature.’

    32. Similar is the judgment of this Court in Balwinder

    Singh & Anr. Vs State of H.P., 2020 Criminal L.J. 1684, wherein it
    rt
    was held: –

    “3. (iii) Learned defence counsel contended that in the
    instant case, no independent witness was associated by
    the Investigating Officer; therefore, the prosecution case

    cannot be said to have been proved by it in accordance
    with provisions of the Act. Learned defence counsel, in
    support of his contention, relied upon the titled Krishan

    Chand versus State of H.P.,2017 4 CriCC 531

    3(iii)(d). It is by now well settled that a prosecution case
    cannot be disbelieved only because the independent
    witnesses were not associated.”

    33. This position was reiterated in Kallu Khan v. State of

    Rajasthan, (2021) 19 SCC 197: 2021 SCC OnLine SC 1223, wherein it

    was held at page 204: –

    “17. The issue raised regarding conviction solely relying
    upon the testimony of police witnesses, without
    procuring any independent witness, recorded by the two
    courts, has also been dealt with by this Court in Surinder
    Kumar [Surinder Kumar v. State of Punjab
    , (2020) 2 SCC

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    34
    2026:HHC:17432

    563 : (2020) 1 SCC (Cri) 767] holding that merely because
    independent witnesses were not examined, the
    conclusion could not be drawn that the accused was

    .

    falsely implicated. Therefore, the said issue is also well

    settled and in particular, looking at the facts of the
    present case, when the conduct of the accused was found
    suspicious, and a chance recovery from the vehicle used

    by him is made from a public place and proved beyond a
    reasonable doubt, the appellant cannot avail any benefit
    on this issue. In our view, the concurrent findings of the

    of
    courts do not call for interference.”

    34. A similar view was taken in Kehar Singh v. State of

    H.P., 2024 SCC OnLine HP 2825, wherein it was observed:

    rt

    16. As regards non-association of the independent

    witnesses, it is now well settled that non-association of
    the independent witnesses or non-support of the
    prosecution version by independent witnesses itself is not

    a ground for acquittal of the Appellants/accused. It is also
    well-settled that the testimonies of the official witnesses,
    including police officials, carry the same evidentiary
    value as the testimony of any other person. The only

    difference is that the Court has to be most circumspect

    while appreciating the evidence of the official witnesses
    to rule out the possibility of false implication of the
    accused, especially when such a plea is specifically raised

    by the defence. Therefore, while scrutinising the evidence
    of the official witnesses, in cases where independent
    witnesses are not associated, contradictions and
    inconsistencies in the testimonies of such witnesses are
    required to be taken into account and given due
    weightage unless satisfactorily explained. However, the
    contradiction must be a material and not trivial one,
    which alone would assume significance.

    17. Evidently, this is a case of chance recovery; therefore,
    the police party was under no obligation to join
    independent witnesses while going on patrolling duty,

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    35
    2026:HHC:17432

    and the association of any person after effecting the
    recovery would be meaningless.

    Xxxx

    .

    19. A similar reiteration of law can be found in the

    judgment rendered by the learned Single Judge of this
    Court in Avtar @ Tarri v. State of H.P., (2022) Supreme HP
    345, wherein it was observed as under: —

    “24. As regards the second leg of the argument raised
    by learned counsel for the appellant, it cannot be said

    of
    to be of much relevance in the given facts of the case.
    The fact situation was that the police party had laid the
    ‘nakka’ and immediately thereafter had spotted the
    appellant at some distance, who got perplexed and
    rt
    started walking back. The conduct of the appellant was
    sufficient to raise suspicion in the minds of police

    officials. At that stage, had the appellant not been
    apprehended immediately, the police could have lost
    the opportunity to recover the contraband. Looking
    from another angle, the relevance of independent

    witnesses could be there when such witnesses were
    immediately available or had already been associated
    at the place of ‘nakka’. These, however, are not

    mandatory conditions and will always depend on the
    fact situation of each and every case. The reason is that

    once the person is apprehended and is with the police,
    a subsequent association of independent witnesses
    may not be of much help. In such events, the

    manipulation, if any, cannot be ruled out.”

    Xxxx

    22. A similar reiteration of law can be found in a very
    recent judgment of the Coordinate Bench of this Court in
    Cr. A. No. 202 of 2020, titled Dillo Begum v. State of H.P.,
    decided on 27.03.2024.”

    35. In any case, it was laid down by the Hon’ble Supreme

    Court in State of Punjab v. Balbir Singh, (1994) 3 SCC 299: 1994

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    36
    2026:HHC:17432

    SCC (Cri) 634: 1994 SCC OnLine SC 126 that non-compliance with

    a provision of Section 100 (4) of the Cr.P.C. is not fatal to the

    .

    prosecution case, unless some prejudice has been caused to the

    accused. It was observed at page 309:

    “6. At this juncture, we may also dispose of one of the
    contentions that failure to comply with the provisions of

    of
    CrPC in respect of search and seizure, even up to that
    stage, would also vitiate the trial. This aspect has been
    considered in a number of cases, and it has been held that
    the violation of the provisions, particularly that of
    rt
    Sections 100, 102, 103 or 165 CrPC, strictly per se does not
    vitiate the prosecution case. If there is such a violation,

    what the courts have to see is whether any prejudice was
    caused to the accused and in appreciating the evidence
    and other relevant factors, the courts should bear in mind
    that there was such a violation and, from that point of

    view, evaluate the evidence on record. Under Section 100
    CrPC, the officer conducting a search under a warrant
    should call upon two or more independent and

    respectable inhabitants of the locality in which the place
    to be searched is situated or of any other locality if no

    such inhabitant of the said locality is available or is
    willing to be a witness to the search, to attend and
    witness the search. Section 165 CrPC lays down that

    whenever an officer-in-charge of a police station or a
    police officer making an investigation has reasonable
    grounds for believing that anything necessary for the
    purposes of an investigation into any offence which he is
    authorised to investigate may be found in any place
    within the limits of the police station of which he is in-
    charge, or to which he is attached, and that such thing
    cannot in his opinion be otherwise obtained without
    undue delay, such officer after recording in writing the
    grounds of his belief and specifying in such writing, may
    proceed to search or to cause search to be made. Section

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    37
    2026:HHC:17432

    165(4) lays down that the provisions of this Code as to
    search warrants and the general provisions as to searches
    contained in Section 100 shall, so far as may be, apply to a

    .

    search made under Section 165 also. The scope of these

    two sections has been examined in a number of cases. In
    State of Punjab v. Wassan Singh [(1981) 2 SCC 1: 1981 SCC
    (Cri) 292], this Court has clearly held that irregularity in a

    search cannot vitiate the seizure of the articles. In Sunder
    Singh v. State of U.P.
    [AIR 1956 SC 411: 1956 Cri LJ 801], it is
    held that irregularity cannot vitiate the trial unless the

    of
    accused has been prejudiced by the defect, and it is also
    held that if reliable local witnesses are not available, the
    search would not be vitiated. In State of Maharashtra v.

    P.K. Pathak [(1980) 2 SCC 259: 1980 SCC (Cri) 428: AIR 1980
    rt
    SC 1224], it is held that the absence of any independent
    witness from the locality to witness the search does not

    affect the trial and the conviction of the accused under
    the Customs Act. In Radha Kishan v. State of U.P. [AIR 1963
    SC 822: 1963 Supp (1) SCR 408 : (1963) 2 LLJ 667], it is held
    that irregularity in a search would, however, cast a duty

    upon the court to scrutinise the evidence regarding the
    search very carefully. In Matajog Dobey v. H.C. Bhari [AIR
    1956 SC 44 : (1955) 2 SCR 925: 1956 Cri LJ 140] it is held that

    when the salutory provisions have not been complied
    with, it may, however, affect the weight of the evidence in

    support of the search or may furnish a reason for
    disbelieving the evidence produced by the prosecution
    unless the prosecution properly explains such

    circumstance which made it impossible for it to comply
    with these provisions. In the State of Maharashtra v.
    Natwarlal Damodardas Soni
    [(1980) 4 SCC 669: 1981 SCC
    (Cri) 98: AIR 1980 SC 593], after referring to the above-
    mentioned decisions, this Court observed as under: (SCC
    p. 673, para 9)
    “Taking the first contention first, it may be observed
    that the police had powers under the Code of Criminal
    Procedure
    to search and seize this gold if they had
    reason to believe that a cognizable offence had been

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    38
    2026:HHC:17432

    committed in respect thereof. Assuming arguendo that
    the search was illegal, then also, it will not affect the
    validity of the seizure and further investigation by the

    .

    Customs Authorities or the validity of the trial which

    followed on the complaint of the Assistant Collector of
    Customs.”

    7. It therefore emerges that non-compliance of these

    provisions, i.e. Sections 100 and 165 CrPC, would amount
    to an irregularity and the effect of the same on the main
    case depends upon the facts and circumstances of each

    of
    case. Of course, in such a situation, the court has to
    consider whether any prejudice has been caused to the
    accused and also examine the evidence in respect of the
    search in the light of the fact that these provisions have
    rt
    not been complied with and further consider whether the
    weight of evidence is in any manner affected because of

    the non-compliance. It is well settled that the testimony
    of a witness is not to be doubted or discarded merely on
    the ground that he happens to be an official, but as a rule
    of caution, and depending upon the circumstances of the

    case, the courts look for independent corroboration. This
    again depends on the question whether the official has
    deliberately failed to comply with these provisions, or

    failure was due to lack of time and opportunity to
    associate some independent witnesses with the search

    and strictly comply with these provisions. In Deepak
    Ghanshyam Naik v. State of Maharashtra
    [1989 Cri LJ 1181:

    1989 Mah LJ 276 (Bom)] a case arising under the NDPS
    Act
    , a Division Bench of the Bombay High Court
    considered the effect of non-compliance of Section
    100(4) namely that two or more independent respectable
    inhabitants of the locality were not called to be present
    during the search and that on the other hand two Panchas
    of different locality were called to be present. The
    Division Bench considered the explanation that Parnaka
    was at a distance of half a kilometre from the place of
    occurrence, and they called the Panch witnesses from
    that place and that they could not call somebody present

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    39
    2026:HHC:17432

    on the road where the incident took place and held that
    there was no material to hold that the Panch witnesses
    from Parnaka were in any way motivated to falsely

    .

    implicate the accused. In Sunil Kumar v. State [1990 Cri LJ

    414 (Del)] again a case arising under the NDPS Act, the
    Delhi High Court while considering the scope of Section
    42
    of the NDPS Act and Section 100(4) of CrPC observed

    that failure to associate independent persons in the
    search in a given situation would not affect the
    prosecution case in toto and the same cannot be thrown

    of
    out or doubted on that ground alone. In this case, it has
    also been observed that provisions of Sections 41 or 42
    would not be attracted at this stage when the police had
    secret information that some persons would be reaching
    rt
    in a public place while in transit, and the information was
    not about the specific presence of contraband but was

    only about the likelihood of such articles being brought. It
    thus emerges that when the police, while acting under the
    provisions of CrPC as empowered therein and while
    exercising surveillance or investigating into other

    offences, had to carry out the arrests or searches, they
    would be acting under the provisions of CrPC. At this
    stage, if there is any non-compliance of the provisions of

    Section 100 or Section 165 CrPC that by itself cannot be a
    ground to reject the prosecution case outright. The effect

    of such non-compliance will have a bearing on the
    appreciation of evidence of the official witness and other
    material depending upon the facts and circumstances of

    each case….

    36. A similar view was taken by this Court in State of H.P.

    v. Sukh Ram, 2002 SCC OnLine HP 95: 2003 Cri LJ 219, wherein it

    was observed at page 220:

    13. Even otherwise, failure to comply with the provisions
    of Section 100(4), Code of Criminal Procedure, will not
    invariably be fatal to the prosecution. This is because the

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    40
    2026:HHC:17432

    circumstances of the case may be such as to make it
    totally unreasonable and impracticable, if not impossible,
    to procure the presence of such witnesses. The possibility

    .

    of such a circumstance has been noted by the Hon’ble

    Apex Court in the State of Maharashtra v. P.K. Pathak,
    (1980) 2 SCC 259: AIR 1980 SC 1224: (1980 Cri LJ 923).
    Nevertheless, it would be for the prosecution to establish,

    on the facts and in the circumstances of each case, that
    meeting the requirements of Section 100(4), Code of
    Criminal Procedure, pertaining to the association of two

    of
    or more independent and respectable persons with the
    conducting of a search was not possible or practicable.
    (See: Smt. Prem Lata v. State of Himachal Pradesh (1987)
    Cri LJ 1539 (Him Pra)).

    rt

    14. In Sunder Singh v. State of Uttar Pradesh, AIR 1956 SC
    411: (1956 Cri LJ 801), it was held that, assuming that the

    two witnesses associated during the course of the search
    were not respectable inhabitants of the locality, that
    circumstance would not invalidate the search. It would
    only affect the weight of the evidence in support of the

    search and recovery. Hence, at the highest, the
    irregularity in the search and recovery, insofar as the
    terms of S. 103, Code of Criminal Procedure, 1898 (now

    Section 100(4), Code of Criminal Procedure, 1973) had not
    been fully complied with, would not affect the legality of

    the proceedings. It only affected the weight of evidence,
    which is a matter for the Courts of fact to see.

    37. In the present case, the accused/petitioners have not

    claimed any prejudice to them; rather, they admitted their

    presence in the car and the recovery of liquor from the car.

    Therefore, the prosecution’s case cannot be doubted because of

    non-compliance with Section 100 (4) of the CrPC.

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    41

    2026:HHC:17432

    38. It was submitted that the case property did not have

    the seal when it was produced before the Court. This submission

    .

    will not help the accused. The learned courts below had rightly

    pointed out that the recovery of the liquor was not in dispute.

    The integrity of the case property was established by the

    certificate issued by the chemical examiner, in which it was

    of
    stated that the samples were properly sealed and the seals were

    tallied with the specimen seal sent separately. It was held in
    rt
    Baljit Sharma vs. State of H.P 2007 HLJ 707, where the report of

    analysis shows that the seals were intact, and the prosecution’s

    claim that the case property remained intact is to be accepted as

    correct. It was observed:

    “A perusal of the report of the expert Ex.PW8/A shows
    that the samples were received by the expert in a safe

    manner, and the sample seal separately sent and tallied
    with the specimen impression of a seal taken separately.
    Thus, there was no tampering with the seal, and the seal

    impressions were separately taken and sent to the expert
    also.”

    39. Similar is the judgment in Hardeep Singh vs. State of

    Punjab 2008(8) SCC 557, wherein it was held:

    “It has also come on evidence that to date the parcels of
    the sample were received by the Chemical Examiner, the
    seal put on the said parcels was intact. That itself proves
    and establishes that there was no tampering with the

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    42
    2026:HHC:17432

    previously mentioned seal in the sample at any stage,
    and the sample received by the analyst for chemical
    examination contained the same opium, which was

    .

    recovered from the possession of the appellant. In that

    view of the matter, a delay of about 40 days in sending
    the samples did not and could not have caused any
    prejudice to the appellant.”

    40. In State of Punjab vs. Lakhwinder Singh 2010 (4) SCC

    402, the High Court had concluded that there could have been

    of
    tampering with the case property since there was a delay of

    seven days in sending the report to FSL. It was laid down by the
    rt
    Hon’ble Supreme Court that case property was produced in the

    Court, and there was no evidence of tampering. Seals were found

    to be intact, which would rule out the possibility of tampering. It

    was observed:

    “The prosecution has been able to establish and prove
    that the aforesaid bags, which were 35 in number,

    contained poppy husk and accordingly the same were
    seized after taking samples therefrom, which were
    properly sealed. The defence has not been able to prove

    that the aforesaid seizure and seal put in the samples were
    in any manner tampered with before it was examined by
    the Chemical Examiner. There was merely a delay of about
    seven days in sending the samples to the Forensic
    Examiner, and it is not proved as to how the aforesaid
    delay of seven days has affected the said examination,
    when it could not be proved that the seal of the sample
    was in any manner tampered with. The seal having been
    found intact at the time of the examination by the
    Chemical Examiner and the said fact having been
    recorded in his report, a mere observation by the High

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    43
    2026:HHC:17432

    Court that the case property might have been tampered
    with, in our opinion, is based on surmises and conjectures
    and cannot take the place of proof.

    .

    17. We may at this stage refer to a decision of this Court in

    Hardip Singh v. State of Punjab reported in (2008) 8 SCC 557
    in which there was a delay of about 40 days in sending the
    sample to the laboratory after the same was seized. In the

    said decision, it was held that in view of cogent and
    reliable evidence that the opium was seized and sealed
    and that the samples were intact till they were handed

    of
    over to the Chemical Examiner, the delay itself was held
    to be not fatal to the prosecution’s case. In our considered
    opinion, the ratio of the aforesaid decision squarely
    applies to the facts of the present case in this regard.

    rt

    18. The case property was produced in the Court, and there
    is no evidence to show that the same was ever tampered

    with.”

    41. Similar is the judgment of the Hon’ble Supreme

    Court in Surinder Kumar vs. State of Punjab, (2020) 2 SCC 563,

    wherein it was held: –

    10. According to learned senior counsel for the appellant,

    Joginder Singh, ASI to whom Yogi Raj, SHO (PW-3),
    handed over the case property for producing the same

    before the Illaqa Magistrate and who returned the same to
    him after such production was not examined, as such link
    evidence was incomplete. In this regard, it is to be noticed
    that Yogi Raj, SHO, handed over the case property to
    Joginder Singh, ASI, for production before the Court. After
    producing the case property before the Court, he returned
    the case property to Yogi Raj, SHO (PW-3), with the seals
    intact. It is also to be noticed that Joginder Singh, ASI, was
    not in possession of the seals of either the investigating
    officer or Yogi Raj, SHO. He produced the case property
    before the Court on 13.09.1996 vide application Ex.P-13,
    the concerned Judicial Magistrate of First Class, after

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    44
    2026:HHC:17432

    verifying the seals on the case property, passed the order
    Ex.P-14 to the effect that since there was no judicial
    malkhana at Abohar, the case property was ordered to be

    .

    kept in safe custody, in Police Station Khuian Sarwar till

    further orders. Since Joginder Singh, ASI, was not in
    possession of the seals of either the SHO or the
    Investigating Officer, the question of tampering with the

    case property by him did not arise at all.

    11. Further, he has returned the case property, after
    production of the same, before the Illaqa Magistrate, with

    of
    the seals intact, to Yogi Raj, SHO. In that view of the
    matter, the Trial Court and the High Court have rightly
    held that the non-examination of Joginder Singh did not,
    in any way, affect the case of the prosecution. Further, it is
    rt
    evident from the report of the Chemical Examiner, Ex.P-10,
    that the sample was received with seals intact and that the

    seals on the sample tallied with the sample seals. In that view
    of the matter, the chain of evidence was complete.”
    (Emphasis supplied)

    42. Thus, the integrity of the case property till the

    analysis was established by the report of analysis. Once it was

    proved by the report of the analysis that the samples contained

    proof alcohol in them, the absence of a seal on the case property

    produced before the Court would become insignificant. Further,

    the witnesses had duly identified the case property in the Court,

    and simply because the seal was found to be broken cannot lead

    to an inference that the case property was tampered with.

    43. It was submitted that Rakesh Kumar (PW6) has not

    supported the prosecution’s case. This fact will not affect the

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    45
    2026:HHC:17432

    prosecution’s case. He only stated that he had not engaged any

    driver to drive the car, and he used to drive the car on his own.

    .

    The accused have not disputed the fact that Sanjay was driving

    the car and Nek Ram was travelling in the car. Therefore, the

    statement made by the owner that he had not engaged any

    person to drive the car or that he used to drive the car himself

    of
    will not make the prosecution suspect the case.

    44.
    rt
    Therefore, the learned Courts below had rightly

    appreciated the evidence and the judgment of conviction

    recorded by the learned Trial Court, as affirmed by the learned

    Appellate Court, cannot be faulted.

    45. The learned Trial Court had submitted the case file to

    the learned Chief Judicial Magistrate because the offence was

    punishable with a minimum imprisonment of three years and a

    fine of not less than one lakh rupees. The Learned Chief Judicial

    Magistrate sentenced the accused to undergo simple

    imprisonment for four months each and pay a fine of ₹5000/-

    each, which is less than the minimum prescribed sentence. The

    Learned Chief Judicial Magistrate has already shown leniency to

    the accused, and no further leniency is possible in the matter.

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS
    46

    2026:HHC:17432

    Therefore, the sentence imposed by the learned Chief Judicial

    Magistrate, as affirmed by the learned Appellate Court, cannot

    .

    be interfered with.

    46. No other point was urged.

    47. In view of the above, the present revision fails, and it

    of
    is dismissed.

    48. The present revision stands disposed of, and so are
    rt
    the pending miscellaneous application(s), if any.

    49. The record of the learned Courts below be returned

    with a copy of the judgment.

    (Rakesh Kainthla)
    Judge
    18th May, 2026

    (Nikita)

    ::: Downloaded on – 23/05/2026 08:33:15 :::CIS



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here