Delhi District Court
State vs Sushila on 4 April, 2026
IN THE COURT OF SH. AZAD SEHRAWAT JMFC-10, SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI FIR No. 141/2021 DLSE020248772021 U/s 33 Delhi Excise Act PS Pul Prahlad Pur State vs. Sushila Date of Institution of case 25.11.2021 Judgment Reserved on 04.04.2026 Date of Judgment 04.04.2026 The institution Sr. No. of the case 8619/2021 The date of commission of offence 09.04.2021 Details of complainant HC Pradeep Kumar, No. 2345/Se, PS Pul Prahlad Pur, New Delhi. Details of accused person Sushila, w/o Sh. Lt. Sh. Kamal, r/o S-32/312, Sonia Gandhi Camp, Pul Prahlad Pur, New Delhi. The offence complained of 33 Delhi Excise Act The plea of accused person Accused person pleaded not guilty The final order Acquitted The date of such order 04.04.2026 By this judgment the court shall dispose of the case u/s 33 Delhi Excise Act. Brief statement of the reasons for the decision: 1.
The brief facts of the case of prosecution are that on 09.04.2021 at about 08:25 AM at S/32/312, Soniya Gandhi 1 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date:
2026.04.04 16:42:29 +0845 Camp, Pul Prahlad Pur, New Delhi within the jurisdiction of PS Pul Prahlad Pur, accused was found in possession of 90 quarter bottles of 180 ml each of ADS Santra Masaledar Desi Sharab for sale in Haryana only as per seizure memo Mark A without having any permit or license to possess the same and thereby accused committed an offence punishable u/s 33 Delhi Excise Act and within the cognizance of this Court.
2) After the accused person appeared in the Court, copy of chargesheet and supplementary chargesheet and other documents were supplied to accused. Thereafter, charge was framed against the accused person u/s 33 Delhi Excise Act, to which accused person pleaded not guilty and claimed trial and the matter was listed for prosecution evidence.
3) In the prosecution evidence PW-1 HC Pradeep in his examination in chief, deposed that on 09.04.2021, he was posted as HC at PS Pul Prahlad Pur. He further deposed that on that day, he was on patrolling duty along with W/Ct. Angori in the area Sonia Ghandi Camp, Railway Colony, New Delhi and when they reached near Railway Colony while walking they saw that one lady was carrying one white colour plastic katta and sitting outside jhuggi. He further deposed that on seeing them, the accused left her katta outside jhuggi and tried to run away from the spot and started running towards railway line. He further deposed that on suspicion W/Ct. Angori followed her and stopped her. He further deposed that we checked the said plastic katta and found illicit liquor inside the katta. He further deposed that he made call at PS and informed regarding the apprehension of one lady at above mentioned place. He further deposed that IO 2 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date:
2026.04.04 16:42:35 +0845 ASI Avnish along with Ct. Satpal reached the above mentioned spot and they showed the said katta to the IO which was kept outside the jhuggi and W/Ct. handed over accused to IO.
He further deposed that IO asked about the name and whereabouts of accused from her and she informed her name as Sushila. He further deposed that IO checked the said plastic katta and found 90 quarter bottles of ADS Santra Motta Masaledar Desi Sharab for sale in Haryana only of 180 ML each. IO took out one quarter bottle as a sample from the plastic katta and left the remaining 89 quarter bottles in the said plastic katta and sealed the same with the seal of AK. He further deposed that the sample and remaining case property were taken into police possession and IO seized the case property. He further deposed that IO also filled Form M-29. He further deposed that IO recorded his statement, which is now Ex.PW1/A, bearing his signature at point A. He further deposed that IO prepared rukka and handed over the same to Ct. Satpal for registration of FIR. He further deposed that after registration of FIR Ct. Satpal returned back to the spot and handed over the rukka/original tehrir and copy of FIR along with certificate u/s 65 B IEA to IO. He further deposed that IO prepared the site plan at his instance which is now Ex.PW1/B bearing his signature at point A. He further deposed that he can identify accused and the case property if shown to him.
Accused person and the case property were correctly identified by the witness.
Witness was duly cross-examined by Sh. Rajiv, Ld. Counsel for accused person.
3 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date: 2026.04.04 16:42:40 +0845 4) PW-2 ASI Avinesh Kumar, in his examination in chief,
deposed that on 09.04.2021, he was posted as ASI at PS Pul Prahlad Pur. He further deposed that on that day, he received information regarding apprehension of female accused with illicit liquor at Sonia Ghandi Camp, Railway Colony, New Delhi. He further deposed that he along with Ct. Satpal reached near Railway Colony while walking HC Pradeep along with W/Ct. Angori along with accused and case property. He further deposed that W/Ct. Angori handed over the accused to him and the case property also shown by HC Pradeep which was lying outside the jhuggi.
He further deposed that he asked about the name and whereabouts of accused from her and she informed her name as Sushila. He further deposed that HC Pradeep handed over the case property to him and he recorded his statement which is already Ex.PW1/A, bearing his signature at point B. He further deposed that he checked the said plastic katta and found 90 quarter bottles of ADS Santra Motta Masaledar Desi Sharab for sale in Haryana only of 180 ML each. He further deposed that he took out one quarter bottle as a sample from the plastic katta and left the remaining 89 quarter bottles in the said plastic katta and sealed the same with the seal of AK. He further deposed that the sample and remaining case property were taken into police possession and he seized the case property vide seizure memo which is now Ex.PW2/A, bearing his signature at point A. He further deposed that he also filled Form M-29 which is now Ex.PW2/B, bearing his signature at point A. He further deposed 4 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date:
2026.04.04 16:42:44 +0845 that he prepared rukka which is now Ex.PW2/C, bearing his signature at point A and handed over the same to Ct. Satpal for registration of FIR. He further deposed that after registration of FIR Ct. Satpal returned back to the spot and handed over the rukka/original tehrir and copy of FIR along with certificate u/s 65 B IEA to him. He further deposed that he prepared the site plan at instance of HC Pradeep which is already Ex.PW1/B bearing his signature at point B. He further deposed that he recorded disclosure statement of accused which is now Ex.PW2/D, bearing his signature at point A. He further deposed that he also informed the son of accused before her arrest. He further deposed that he made formal arrest of accused arrest memo is now Ex.PW2/E, bearing his signature at point A. He further deposed that he also conducted personal search of accused through W/Ct. Angori and prepared personal memo which is now Ex.PW2/F, bearing his signature at point A. He further deposed that he recorded statement u/s 161 Cr.PC of W/Ct. Angori and Ct. Satpal. he along with Ct. returned back to the PS along with the case property and deposited in malkhana. He further deposed that he produced the accused before the court. During investigation he also received the result from FSL which is already Ex.A-6. He further deposed that he prepared chargesheet and submitted in the court.
Accused and the case property were correctly identified by the witness.
Witness was duly cross-examined by Sh. Rajiv, Ld. Counsel for accused person.
5 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date: 2026.04.04 16:42:48 +0845 5) Accused person in his statement u/s 294 CrPC, stated no
objection if the authors/signatories of following documents are exempted from formal examination and the said documents are read in evidence:-
1. Copy of FIR (without contents) registered in the present case Ex. A-
1.
2. Certificate u/s 65B of Indian Evidence Act, Ex.A-2.
3. DD no. 20A dated 09.04.2021, Ex.A-3.
4. DD no. 141A dated 09.04.2021, Ex.A-4.
5. Road Certificate 65/21/21 dated 09.07.2021, Ex.A-5.
6. Excise result no. SZD010823 dated 10.09.2021, Ex.A-6.
A. Specimen Chart for Witnesses Examined:-
Prosecution Witness Name of Witness Description No. PW-1 HC Pradeep Recovery witness PW-2 ASI Avinesh Kumar Investigating Officer, B Specimen Chart for Exhibited Documents:-
Exhibit No. Description of the Proved/Attested by Exhibit Ex.PW1/A Statement of PW-1 HC PW-1 Pradeep Ex.PW1/B Site plan PW-1 Ex.PW2/A Seizure Memo of case PW-2 6 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date: 2026.04.04 16:42:52 +0845 property Ex.PW2/B Form M-29 PW-2 Ex.PW2/C Rukka PW-2 Ex.PW-2/D Disclosure statement of PW-2 accused Ex.PW2/E Arrest memo PW-2 Ex.PW2/F Personal search of PW-2 accused Ex.A-1 Copy of FIR (without Admitted u/s 294 contents) Cr.PC Ex.A-2 Certificate u/s 65 B of Admitted u/s 294 Indian Evidence Act Cr.PC Ex.A-3 DD No. 20 A dated Admitted u/s 294 09.04.2021 Cr.PC ExA-4 DD No. 141 A dated Admitted u/s 294 09.04.2021 Cr.PC Ex.A-5 Road Certificate Admitted u/s 294 65/21/21 dated Cr.PC 09.07.2021 Ex.A-6 Excise Result no. Admitted u/s 294 SZD010823 dated Cr.PC 10.09.2021 C. Specimen Chart for Material Objects / Muddamaals:-
Material Object No. Description of the Proved/Attested by Exhibit/Object Ex.P1 One bottle of illicit PW-1 Ct. Satish Kumar liquor (sample bottle) 7 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date: 2026.04.04 16:42:56 +0845
6) Thereafter, prosecution evidence was closed and matter was listed for recording of statements of accused u/s 313 Cr.P.C.
In their statement recorded u/s 313 Cr.P.C. accused person had stated that he has been falsely implicated in the present case by the police officials and he is innocent and stated that he does not want to lead evidence in their defence. DE was therefore closed.
7) I have heard the submissions addressed by Ld. APP for state and Ld. Counsel for accused person and carefully perused the documents on record.
8) Ld. Counsel for accused person has submitted that the prosecution has failed to prove its case against the accused person. On the other hand, Ld. APP has submitted that the prosecution has successfully proved its case beyond reasonable doubt and the accused person is liable to convicted.
APPRECIATION OF EVIDENCE
9) Be that as may, it is well settled that the burden of proof to prove all the ingredients of the alleged offence lies on the prosecution and the prosecution has to discharge the said burden beyond reasonable doubt, in order to bring home the guilt of the accused. However, in the present matter, the case of the prosecution is marred with several serious lapses. It is a matter of record that only police witnesses have been examined by the prosecution in the present matter. No public witness has been examined by the prosecution in the present matter and further no 8 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date:
2026.04.04 16:43:01 +0845 efforts were made by the IO to make public persons join the investigation, even though the place of occurrence was a public place and at the time of recovery public persons were present at the spot as admitted by the prosecution's witnesses. Even otherwise, the police officials have not proved their presence at the spot, as all the departure or arrival entries have not been placed on record in the present matter.
10) Abovementioned observation assumes significance on account of grave contradictions which are to be seen in the testimonies of prosecution's witnesses. PWs had deposed that seizure memo of illicit liquor Ex.PW2/A and M-29 Ex PW2/B form were prepared prior to registration of FIR but the said documents have the mentioning of FIR No.141/2021 but no endorsement has been made as at what time the said FIR number has been inserted on the said documents. Further, no photography or videography of the spot or the recovery was done in the present case which could have been beneficial to the case of the prosecution for establishing the presence of accused at the spot at the time of alleged recovery.
11) In view of the aforesaid facts, contradictions and observations, the alleged recovery and the presence of the police officials at the spot itself becomes doubtful and it casts a serious doubt on the case of the prosecution. Thus, the possibility of the case property being planted on the accused cannot be ruled out.
Consequently, benefit of doubt has to be extended to the accused.
9 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date: 2026.04.04 16:43:05 +0845
12) The prosecution has, therefore, failed to prove its case against the accused beyond reasonable doubt and the accused person Sushila is hereby acquitted for the offence u/s 33 Delhi Excise Act.
ANNOUNCED IN OPEN COURT
Digitally
signed by
AZAD
AZAD SEHRAWAT
On 04.04.2026 SEHRAWAT Date:
2026.04.04
16:43:09
+0845
(AZAD SEHRAWAT)
JMFC-10, SOUTH-EAST DISTRICT
SAKET, NEW DELHI
10
FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur
A. Specimen Chart for Witnesses Examined:-
Prosecution Witness Name of Witness Description No. PW-1 HC Pradeep Recovery witness PW-2 ASI Avinesh Kumar Investigating Officer, B Specimen Chart for Exhibited Documents:-
Exhibit No. Description of the Proved/Attested by Exhibit Ex.PW1/A Statement of PW-1 HC PW-1 Pradeep Ex.PW1/B Site plan PW-1 Ex.PW2/A Seizure Memo of case PW-2 property Ex.PW2/B Form M-29 PW-2 Ex.PW2/C Rukka PW-2 Ex.PW-2/D Disclosure statement of PW-2 accused Ex.PW2/E Arrest memo PW-2 Ex.PW2/F Personal search of PW-2 accused Ex.A-1 Copy of FIR (without Admitted u/s 294 contents) Cr.PC Ex.A-2 Certificate u/s 65 B of Admitted u/s 294 Indian Evidence Act Cr.PC 11 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date:
2026.04.04 16:43:14 +0845 Ex.A-3 DD No. 20 A dated Admitted u/s 294 09.04.2021 Cr.PC ExA-4 DD No. 141 A dated Admitted u/s 294 09.04.2021 Cr.PC Ex.A-5 Road Certificate Admitted u/s 294 65/21/21 dated Cr.PC 09.07.2021 Ex.A-6 Excise Result no. Admitted u/s 294 SZD010823 dated Cr.PC 10.09.2021 C. Specimen Chart for Material Objects / Muddamaals:-
Material Object No. Description of the Proved/Attested by Exhibit/Object Ex.P1 One bottle of illicit PW-1 Ct. Satish Kumar liquor (sample bottle) 12 FIR No. 141/2021 State Vs. Sushila PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date:
2026.04.04 16:43:19 +0845