Union Of India (Uoi) vs Mohan Behari Jasod Kumari And Ors. on 2 September, 2004
(I) Union of India v. Mohan Behari Jasod Kumari, 2004 (114) DLT
516
CS (OS) No. 1305/2005 Page 13 of 14
"27. It is a settled principle of law that irrespective of the
burden of proof, the party in possession of the best evidence
is bound to produce the same. In this behalf regard be made
to the judgment of the Supreme Court of India reported at
AIR 1968 SC 1413. The forwarding note was in the power
and possession of the defendant no. 1. It is not disputed that
the same was material contemporaneous documentary
evidence which was not produced. Adverse inference is,
therefore, to be drawn against the defendant no. 1 for failure
to produce the documents."