Delhi District Court
Fir No:791/2002 vs Basant on 16 May, 2012
1 FIR NO:791/2002
State V. Basant
IN THE COURT OF Dr. JAGMINDER SINGH: METROPOLITAN
MAGISTRATE, DWARKA COURTS, NEW DELHI
FIR NO: 791/2002
PS: Dabri
U/s 61/1/14 Punjab Excise Act.
State V. Basant
Date of institution of the case : 02/09/2003
Date on which Judgment was reserved : 16.05.2012
JUDGMENT
a) S. No. of the case : 379/3
b) Date of commission of offence : 17/11/2002
c) Name of the Complainant : ASI Sri Bhagwan
PS:Dabri, New Delhi.
d) Name of accused and address : Basant @ Sonu @
Basanta
S/o Sh. Leela Ram
R/o F44, Gali No.81,
Mahavir Enclave-III, New
Delhi.
e) Offence complained of : U/s 61/1/14 Punjab
Excise Act.
f) Plea of accused : Pleaded not guilty
2 FIR NO:791/2002
State V. Basant
g) Final order : Acquitted
h) Date of such order : 16.05.2012
BRIEF STATEMENT OF THE REASONS FOR THE DECISION :-
1. The present case was registered against the accused Basant on the complaint of complainant ASI Sri Bhagwan on the allegations that on 17.11.2002 at about 09.05 pm, at Gali No.81, Mahavir Enclave-III, New Delhi accused was apprehended by the police party through a decoy customer while he was selling the illicit liquor and 7 quarter bottles of illicit liquor were found in possession without any permit or licence. At his complaint the present case was registered. After completion of investigation accused was charge sheeted accordingly U/s 61/1/14 Punjab Excise Act.
2. Accused was summoned and charge was framed against accused Basant for the offence u/s 61/1/14 Punjab 3 FIR NO:791/2002 State V. Basant Excise Act to which he pleaded not guilty and claimed trial.
3. Prosecution has filed list of Nine witnesses but examined only Four witnesses.
4. PW-1 Ct. Virender stated that on 17.11.02 he along with Ct. Anil were on patrolling duty duty, when they noticed that accused was selling illicit liquor. Information was sent to PS and ASI Sri Bhagwan arrived at the spot. IO gave Rs.20/- currency notes to Ct. Anil Kumar and sent him to buy the liquor from the accused as a decoy customer. On receiving the signal from decoy customer, accused was apprehended by police party. Rs.20/- recovered from accused. 6 more quarter bottles were recovered from accused. Case property was seized vide memo Ex.PW1/A after sealing with the seal of SB. IO prepared rukka and got case registered through Ct. Anil. Accused was arrested vide memo Ex.PW1/B and vide personal search Ex.PW1/C. 4 FIR NO:791/2002 State V. Basant
5. PW-2 Ct. Anil stated that on 17.11.2002 he along with Ct. Virender were on patrolling duty when they received a secret information that a person was selling illicit liquor. Thereafter, he deposed identical version as stated by PW-1.
6. PW-3 Ct. Jai Singh stated that on 27.11.2002 he took the sample of the present case vide RC No.313/21 and deposited the same at Excise Lab., and received copy was handed over to MHC(M).
7. PW-4 ASI Jile Singh was the duty officer and he recorded the FIR of the present case Ex.PW4/A and made endorsement on rukka which is Ex.PW4/B. He also brought copy of the order mark-X vide which DD register pertaining to 01.01.2001 to 31.12.2003 had been destroyed.
8. 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 5 FIR NO:791/2002 State V. Basant submitted that he does not want to lead defence evidence. Case was fixed for final arguments.
9. 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.
10. As per the principles of Criminal law it is the duty of the prosecution to prove its case against the accused beyond any reasonable doubt. The statements of the witnesses must be uncontradictory and corroborative in nature to become reliable and chain of evidence must be complete.
6 FIR NO:791/2002
11. In the present case no public witness was joined in the investigation by the IO. The present case was registered at the complaint of ASI Sri Bhagwan and he is also the first investigating officer of the present case. It is not fair as per the principles of natural justice that the complainant himself investigated the case when other officials were also available. The second I.O. is not examined. Site plan of place of occurrence not proved.
12. The case property Ex.P-1 i.e. quarter bottles produced before the court having unreadable seal. The other case property ie. Rs.20/- currency note produced in an envelope containing broken seal. The MHC(M) concerned to whom the case property was deposited is not examined. No handing over memo of the currency note by the I.O. to the decoy customer is prepared.
13. Hence, in view of above discussion chain of evidence against the accused is not completed. The alleged offence against the accused is not established beyond reasonable doubt, benefit of 7 FIR NO:791/2002 State V. Basant which goes to accused as per Principles of Criminal Law. Therefore, accused Basant S/o Sh. Jayanti Lal is acquitted in case FIR No:791/2002, 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. File be consigned to record room after due compliance.
Announced in the open court on this 16th day of May' 2012 (Dr. JAGMINDER SINGH) This judgment contains 7 pages METROPOLITAN MAGISTRATE which bears my signatures at DWARKA COURTS/DELHI each page.
8 FIR NO:791/2002
State V. Basant FIR NO: 791/2002 PS: Dabri U/s 61/1/14 Punjab Excise Act.
State V. Basant 16.05.2012 Present: Ld. APP for the State.
Accused on bail with counsel Sh. Sameer Goel. An application for cancellation of NBW filed by accused. Heard. Perused.
Considering the facts and circumstances, application for cancellation of NBW is allowed subject to cost of Rs.100/-. Cost paid. NBW against accused stands cancelled, with a warning to be careful in future.
Matter is at the stage of final arguments. 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 in the present case. File be consigned to record room after due compliance.
(Dr. JAGMINDER SINGH) METROPOLITAN MAGISTRATE DWARKA COURTS/DELHI