TMI Blog2001 (9) TMI 1142X X X X Extracts X X X X X X X X Extracts X X X X ..... ecked by Narcotics Sub-Inspector Dudhnath Ram PW-1 near Hasanpaliya village at Neemuch-Dhar Road. PW-1 found that there was an attachee lying on the rack and three persons were sitting on the back side seat of the bus. On inquiry as to who did that attachee belong to, the appellant is stated to have admitted that it belonged to him. The attachee also carried a name slip with the name of the appellant on it. The attachee was taken into possession by PW-1 and the appellant was made to alight from the bus. He was asked about the key of the attachee which he took out from his pocket. Two panch witnesses Shankar Lal, PW-2 and Chhoga Lal, PW-3 were present. It is alleged that when the appellant opened the attachee it was found to contain a bag wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor, Narcotics. Both the panch witnesses, Shankar Lal PW-2 and Chhoga Lal PW-3 have not supported the prosecution case. Even the driver of the bus Hari Singh PW-5 and conductor of the bus Afsar-U-ddin PW-6 turned hostile and did not support the prosecution case. Our careful analysis of the deposition of PW-1 Dudhnath Ram shows that his testimony suffers from many infirmities and it would not be safe to rely upon his sole testimony to hold the appellant guilty. 5. It has not at all been explained by the prosecution and by PW-1 as to why he brought down only one passenger from the bus, if he did not have any prior information or entertained any suspicion regarding the involvement of the appellant for possessing or smuggling of opium. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er after being summoned from his fields. According to Chhoga Lal PW-3, his signatures were obtained on the panchnama in the house of one Masij Khan and that no recovery of opium took place in his presence from the appellant. In the face of all this evidence, we do not find it safe to conclude that the prosecution has established the case against the appellant beyond a reasonable doubt. The appellant, in our opinion, is entitled to the benefit of doubt. We, accordingly, accept this appeal and set aside the conviction and sentence awarded to the appellant. Since, this appeal has been received through jail. Superintendent, Central Jail, Bherugarh, District Ujjain, Madhya Pradesh shall be informed. In case the appellant is still in custody in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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