Fir No. 209/97 State vs . Harphool Singh @ Kuddu Page No. 1 O F 13 on 12 July, 2013
In the case of Balraj Singh vs. The State
of Punjab 1982 CrLJ 1374 it was held that "When the
Section 451 Cr.P.C. itself visualizes and sanctifies the non
production of case property in the trial, can it then
reasonably be said that a mere inadvertence or omission in
producing the same and not exhibiting it in court, would per
se be fatal to the prosecution case. I do not think so." I
further rely on the observation that "It is the actual
possession of the contraband property by the accused at the
material time which is the crucial issue to be established. The
production of the case property later in court is only a
corroborative piece of evidence." Accordingly, non
production of the vehicle in the instant case is not fatal
when the custody of liquor is proved otherwise.