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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.
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As Balraj Singh vs . State Of Punjab 1982 Cri.Lj 1374 ... on 11 March, 2013

In this regard, I also rely on the case cited by Ld. APP for the State as Balraj Singh Vs. State of Punjab 1982 Cri.LJ 1374 wherein it was held 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"
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Haryana In Balraj Singh vs . The State Of Punjab, 1976 Cr.L.J. 1471 ... on 9 January, 2012

13. It is well settled preposition of criminal law that prosecution has to establish its case against the accused beyond reasonable doubt. Reference in this connection can be made to the decision of Hon'ble High Court of Punjab and Haryana in Balraj Singh Vs. The State of Punjab, 1976 Cr.L.J. 1471 (DB) (Punjab) in which it was observed as follows:­ The guilt of accused is to be established by the prosecution beyond the possibility of any reasonable doubt on the basis of legal evidence and material on record. Even if, there may be an element of truth in the prosecution story against the accused and considered as a whole, the prosecution may be true, but between 'may be true' and 'must be true', there is invariably a long distance to travel and the whole of this distance must be covered by the prosecution by legal, reliable and unimpeachable evidence before an accused can be convicted.
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State vs . Mogli on 11 April, 2012

18. It is well settled preposition of criminal law that prosecution has to establish its case against the accused beyond reasonable doubt. Reference in this connection can be made to the decision of Hon'ble High Court of Punjab and Haryana in Balraj Singh Vs. The State of Punjab, 1976 Cr.L.J. 1471 (DB) (Punjab) in which FIR No.23/11 Page 13 of 21 it was observed as follows:­ The guilt of accused is to be established by the prosecution beyond the possibility of any reasonable doubt on the basis of legal evidence and material on record. Even if, there may be an element of truth in the prosecution story against the accused and considered as a whole, the prosecution may be true, but between 'may be true' and 'must be true', there is invariably a long distance to travel and the whole of this distance must be covered by the prosecution by legal, reliable and unimpeachable evidence before an accused can be convicted.
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State vs . Irfan Etc. on 7 May, 2012

13. It is well settled preposition of criminal law that prosecution has to establish its case against the accused beyond reasonable doubt. Reference in this connection can be made to the decision of Hon'ble High Court of Punjab and Haryana in Balraj Singh Vs. The State of Punjab, 1976 Cr.L.J. 1471 (DB) (Punjab) in which it was observed as follows:­ The guilt of accused is to be established by the prosecution beyond the possibility of any reasonable doubt on the basis of legal evidence and material on record. Even if, there may be an element of truth in the prosecution story against the accused and considered as a whole, the prosecution may be true, but between 'may be true' and 'must be true', there is invariably a long distance to travel and the whole of this distance must be covered by the FIR No.61/10 Page 6 of 10 prosecution by legal, reliable and unimpeachable evidence before an accused can be convicted.
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Haryana In Balraj Singh vs . The State Of Punjab, 1976 Cr.L.J. 1471 ... on 6 July, 2012

9. It is well settled preposition of criminal law that prosecution has to establish its case against the accused beyond reasonable doubt. Reference in this connection can be made to the decision of Hon'ble High Court of Punjab and Haryana in Balraj Singh Vs. The State of Punjab, 1976 Cr.L.J. 1471 (DB) (Punjab) in which it was observed as follows:­ "The guilt of accused is to be established by the prosecution beyond the possibility of any reasonable doubt on the basis of legal evidence and material on record. Even if, there may be an element of truth in the prosecution story against the accused and considered as a whole, the prosecution may be true, but between 'may be true' and 'must be true', there is invariably a long distance to travel and the whole of this distance must be covered by the prosecution by legal, reliable and unimpeachable evidence before an accused can be convicted".
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