Metropolitan Magistrate Jitendra Singh freed Delhi-based Sanjeev saying that the benefit of any lacunae left by the police in its investigation has to be given to the accused.
As the case property i.E., the plastic can was produced before the court in broken condition from the bottom side and in empty condition, therefore it cannot be established that the said case property was the same case property, which was recovered from the possession of the accused," the court said.
"Hence, I hold that the prosecution has failed to prove the charge against the accused, beyond reasonable doubt. The benefit of any lacunae, left in the investigation, has to be given to the accused. Accused is, therefore, acquitted," the magistrate said.
According to the police, Sanjeev was caught near a shop in Gokalpuri area here with a plastic can containing nine litre illicit liquor.
It said he was carrying the liquor for the purpose of selling it without any licence or permit and had committed an offence under the provisions of the Excise Act.
After the broken container was brought to the court, the magistrate closed the process of examining the prosecution witnesses in the case saying as the case property was produced in broken condition from the bottom side and in an empty condition, so doubt has clearly been created.