S.S.SANDHAWALIA, J.

1. Whether the non-production of a part or the whole of the case property in a criminal trial, would by itself, vitiate the conviction of the accused thereafter is the somewhat meaningful issue which has necessitated this reference to the Division Bench.

2. On the 6th of May, 1977, Head Constable Rajinder Singh P.W. 1 and Excise Inspector Randhir Singh P.W. 2 received secret information against the petitioner whilst on patrol duty. The police party then joined a public witness Sadhu Singh and raided the house of the petitioner in his village Ganna Pind. On interrogation by Rajinder Singh Head Constable, the petitioner made a disclosure statement, Exhibit P.A. that he had kept concealed one drum containing lahan in his courtyard under the earth. Thereafter he led the police party to the place of recovery and got recovered drum Exhibit P.1 containing as much as 150 kilograms of lahan. This was tested by Randhir Singh, Excise Inspector, who found it fit for distillation vide his report Exhibit P.E. The drum was duly sealed and taken into possession vide memo Exhibit P.B., and thereafter ruqa Exhibit P.C. was sent to the police station on the basis of which