Delhi District Court
Pawan Kumar vs . Delhi Administration 1987 Cc Cases on 1 September, 2012
1 FIR NO:618/2003
State V. Basant
IN THE COURT OF Dr. JAGMINDER SINGH: METROPOLITAN
MAGISTRATE, DWARKA COURTS, NEW DELHI
FIR NO: 618/2003
PS: Dabri
U/s 61/1/14 Punjab Excise Act.
State V. Basant
Date of institution of the case : 23.08.2004
Date on which Judgment was reserved : 01.09.2012
JUDGMENT
a) S. No. of the case : 61/3
b) Date of commission of offence : 03/09/2003
c) Name of the Complainant : Ct. Nasib Singh
No.1784/SW, PS:Dabri,
New Delhi.
d) Name of accused and address : Basant @ Sonu
S/o Late Sh. Leela Ram
R/o A-109., Bharat Vihar
Gali No.80, Raja Puri,
New Delhi.
2 FIR NO:618/2003
State V. Basant
e) Offence complained of : U/s 61/1/14 Punjab
Excise Act.
f) Plea of accused : Pleaded not guilty
g) Final order : Acquitted
h) Date of such order : 01.09.2012
BRIEF STATEMENT OF THE REASONS FOR THE DECISION :-
1. The present case was registered against the accused Basant on the allegations that on 03.09.2003 at about 2.50 pm, At the corner of Gali No.80, Bharat Vihar, Raja Puri, New Delhi, near Rajesh Property Dealer's Office accused was apprehended by the police party while he was having in possession of 120 pouches of illicit liquor without any permit or licence. At the complaint of Ct. Naseeb Singh, the present case was registered. Accused was charge sheeted accordingly U/s 61/1/14 Punjab Excise Act. 3 FIR NO:618/2003
2. Accused was summoned and charge was framed against accused Basant for the offence u/s 61 Punjab Excise Act to which he pleaded not guilty and claimed trial.
3. Prosecution has filed list of Six witnesses and examined the Three witnesses.
4. PW-1 HC Dhan Raj stated that on 03.09.2003 on receipt of DD No. 28 he reached at the spot where he met with Ct. Naseeb Singh along with accused. He recorded the statement of Ct. Naseeb Singh Ex. PW1/A. Plastic katta was checked and was found containing 120 quarter bottle of Everyday Whisky out of which Four were taken as sample. Case property was sealed with the seal of DR and seized memo Ex. PW1/B. He prepared tehrir Ex. PW1/C and got the case registered through Ct. Naseeb Singh. Accused was arrested and personal search was conducted vide memo Ex.PW1/D & Ex.PW1/E. He prepared site plan Ex.PW1/F. During investigation samples were 4 FIR NO:618/2003 State V. Basant sent to Excise Lab. and result Ex.PW1/G was received. He recorded the statement of witnesses in this case and after completion of investigation charge sheet was filed in the court through SHO.
5. PW 2 H Ct. Daya Nand stated that on 22.09.2003 he had taken the sample of the present case duly sealed with the seal of DR to Excise lab. vide RC. No. 161/21. So long the sample remained in his possession the same was not tampered with. After depositing the same copy of receipt was given to MHC(M).
6. PW 3 Ct. Naseeb Singh stated that on 03.09.2003 while patrolling he reached at Gali No. 80 near Rajesh Property Dealer office where accused on seeing him started going back while carrying plastic katta. He was apprehended and katta was found illicit quarter bottles. Information was given at PS and HC Dhan Raj reached at the spot. Katta was found containing 120 quarter bottle of Everyday Whisky and four quarter bottle were taken as sample. Case property was sealed with the seal of DR and seized vide memo Ex.PW1/B. IO 5 FIR NO:618/2003 State V. Basant recorded his statement Ex. PW1/A and IO prepared tehrir Ex.PW1/C and got the case registered. Accused was arrested and his personal search was conducted vide memo Ex.PW1/D & Ex.PW1/E.
7. No other witness was examined by the prosecution. Hence, PE closed. Statement of accused recorded u/s 281 Cr.P.C in which he denied all the allegations made against him and further submitted that he does not want to lead defence evidence. Case was fixed for final arguments.
8. I have heard the arguments of both the parties. Ld. APP for the State has argued that as the accused was caught red handed while in possession of illicit liquor and therefore he deserves maximum punishment. Ld. Counsel for the accused stated that prosecution cannot prove any ingredients of the offence against accused. Accused is falsely implicated in the present case and is liable to be acquitted. I have gone through the oral and documentary evidence on record.
6 FIR NO:618/2003
9. In the present case no public witness was joined in the investigation by the IO. However, it is admitted by the PW's that public persons were available there. The non joining of the public witness creates doubt on the story of the prosecution as held in PAWAN KUMAR Vs. DELHI ADMINISTRATION 1987 CC Cases 585 HC by Hon'ble High Court of Delhi.
10. The case property Ex.P-1 when produced before the court, then it was in unsealed condition. Most of the bottles were also empty. As per PW-1, he handed over the seal after use to Ct. Naseeb but when Ct. Naseeb examined as PW-3, he had not stated this fact. The MHC(M) concerned to whom the case property was handed over at malkhana is not examined. Therefore, proper sealing and custody of case property becomes doubt full.
11. Hence, in view of above discussion, story of the prosecution becomes doubtful. The alleged offence against the 7 FIR NO:618/2003 State V. Basant accused is not established beyond reasonable doubt, benefit of which goes to accused as per Principles of Criminal Law. Therefore, accused Basant S/o Late Sh. Leela Ram is acquitted in case FIR No:618/2003, P.S: Dabri. Bail bonds of the accused shall remain in force for the period of six month starting from today in accordance with section 437A Cr.P.C as no fresh bail bond furnished by the accused. File be consigned to record room after due compliance.
Announced in the open court on this 01st day of September' 2012 (Dr. JAGMINDER SINGH) This judgment contains 7 pages METROPOLITAN MAGISTRATE which bears my signatures at DWARKA COURTS/DELHI each page.
8 FIR NO:618/2003
State V. Basant FIR NO: 618/2003 PS: Dabri U/s 61/1/14 Punjab Excise Act.
State V. Basant 01.09.2012 Present: Ld. APP for the State.
Accused is present with counsel Sh. Sameer Goel. An application for cancellation of NBW filed by accused. Considering the facts and circumstances, aforesaid application is allowed subject to cost of Rs.100/-. Cost paid. NBW against accused stands cancelled, with a warning to be careful in future. Previous personal bond and surety bond restored.
Final arguments heard today.
Vide separate judgment pronounced and dictated in the open court, accused Basant is acquitted for the offence U/s 61/1/14 Punjab Excise Act. File be consigned to record room after due compliance.
(Dr. JAGMINDER SINGH) METROPOLITAN MAGISTRATE DWARKA COURTS/DELHI