Delhi resident Naresho was booked by the police in May 1997 under the Punjab Excise Act after the alleged recovery of 75 pouches of illicit liquor from her.
She had pleaded innocence, denying the allegation of recovery of liquor from her.
The court acquitted her saying the "improper condition" of the case property was fatal to the prosecution's case.
"When the case property was produced in the court, it was found that all the pouches were empty and the plastic can was damaged and in empty condition.
"In such a case, there would always be a doubt as to the contents of the seized can. The actual case property, i.E. The liquor was never produced in court in a properly sealed condition and possibility of tampering with them cannot be ruled out," Metropolitan Magistrate Ashu Garg said.
The police had told the court that on May 24, 1997 its officials on patrolling duty in Karol Bagh area here saw the accused carrying a plastic bag and upon seeing them she tried to flee away.
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She was apprehended and the bag was found containing 75 pouches of illicit liquor, the police had said.
The magistrate, while acquitting the woman, also noted that all the witnesses produced by the prosecution were police personnel and court's must be "extra cautious" in dealing in such circumstances. PTI UPT
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