Chandigarh, November 12 The district court has acquitted two youths of the charges of creating nuisance in public place in a state of intoxication, as the prosecution failed to prove its case beyond a reasonable doubt. According to the prosecution, police officials on patrolling duty found two persons creating nuisance near a liquor shop in Sector 44 around 9.35 pm on September 9, 2018. Thereafter, the suspects, Deepak and Amandeep Singh, both residents of Sector 71, Mohali, were taken to the Civil Hospital, Sector 45, for medical examination, where the doctor on duty declared them to have consumed liquor. Following this, an FIR was registered under Section 68-(1) B of the Punjab Police Act, 2007, and Section 510 of the IPC at the Sector 34 police station. During trial, the youths prayed that they were innocent. Deepak pleaded that he went to the market to buy some household items and in the parking lot, his car hit the police vehicle parked there following which some altercation took place. He called his friend Amandeep, who reached at the spot and they both requested the police. However, the police falsely implicated them in the case. The court observed that according to the complaint, the accused were apprehended from the spot while creating nuisance at public place. But there is no reference as to the effect that the accused were in a drunken state. During cross examination, the investigating officer (IO) admitted that in his complaint, he had nowhere stated that he ever saw the accused drinking liquor. He further deposed that nothing was recovered from the accused, which proved that the complainant/IO himself had not seen the accused drinking anything. Further, the doctor concerned has not been examined by the prosecution to prove the fact that the accused had consumed liquor on the day of the alleged incident nor the blood sample or any other sample of the accused were taken to prove the fact that the accused were in a drunken state at the time of their apprehension. “So, from the above discussed evidence, the prosecution has miserably failed to prove its case against the accused. As such, the accused, Deepak and Amandeep Singh, are acquitted of the offence charged with,” observed the court of Meenakshi Gupta, Judicial Magistrate Ist Class.

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