High Court of Madras in vase titled as Silver
Cloud Estate Vs. Labour Court, 1960 2 LLJ 571 wherein
it was held that "retrenchment
coming out on the day of the
incident. The cash and silver coins have no specific mark of
identification besides it cannot be ruled ... that it was not planted.
As regards the recovery of the silver coins and money, the
witnesses examined by the prosecution from Hoogly, West Bengal
come under the clouds of
doubt.
20. Further, as per the testimonies of the prosecution witnesses after the
silver foil and match sticks were collected
record. In fact the entire conduct of PW9 is under a
cloud. He has not acted in the manner as an ordinary course of
business ... finger ring of gold, one nose pin and two chutkies of
silver and all these articles were given to duty constable of
Safdarjung hospital
registration no. of the motorcycle as DL 8S AL 3031
and colour silver whereas, delivery receipt Mark PW-
10/A-4 records ... motorcycle by accused Karta Ram @ Om
Prakash are sufficient to cloud the entire case of the
prosecution in this regard with doubt.
111. In addition
returned
only on 12.12.2014. Such incongruous statements of PW3 cast
clouds of suspicion over his testimony and render the said PW
unworthy of credit ... prosecution that
accused had committed theft of ₹12.5 lakhs, earrings and five
silver glasses. PW4 deposed that when he woke up, he saw that
mercury in plastic container; particles of
khichdi on steel plate and silver coloured round shaped balls inside
steel glass, opined to have been tested positive ... whose instance,
as elicited herein above, bringing such recoveries and seizure under
cloud of doubt and reasonable possibility of planting of articles Exts
person entered into their house and took one mobile phone make Intex Cloud
X3 having SIM No. 9650237142 and 8447763235, another mobile MTS Rokstar ... Ranjit @ Raman 2/11
MI51 having SIM No. 9310346443, one pair of silver anklet of 3 tolas, two silver
coins, cash
niece at about 08:00 PM at G.T.Karnal Road, Clouds Farm
House, after locking his house. At about 11:00 PM, his
neighbour ... inside the house and cash of Rs.3.50
lacs, gold and silver jewellery were found missing. He
raised suspicion on accused Sonu
been proved on record that the accused had received the
10 silver coins with dishonest intention or with the knowledge or believe of the same ... solitary conclusion that the alleged
recovery from the accused has come under cloud of doubt and cannot be basis
made basis of conviction