Delhi District Court
State vs Surjeet on 21 February, 2012
IN THE COURT OF MS. SHUCHI LALER
METROPOLITAN MAGISTRATE - 04 : EAST:
KARKARDOOMA COURT : DELHI.
FIR No. 67/05
U/s 61/1/14 Punjab Excise Act
PS Vivek Vihar
STATE Vs SURJEET
JUDGMENT:
A Sr. No. of the case 02402R 0331922005
B Date of institution 09.06.2005
C Date of commission of 26.02.2005
offence
D Name of the complainant Ct. Neeraj
E Name of the accused & Surjeet, S/o Late Sh. Darshan Lal, R/o
his parentage and address 504/9, Janta Colony, Circular Road,
Shahdara, Delhi.
F Offence complained of U/s 61/1/14 Punjab Excise Act
G Plea of the accused Pleaded guilty
H Order Reserved on 21.02.2012
I Final order Convicted
J Date of such order 21.02.2012
BRIEF FACTS AND REASONS FOR DECISION
1. The prosecution case, in brief, is that on 26.02.05 at 01:15 p.m. at railway station wali gali, janta colony, Circular road, Shahdara, Delhi, the accused Surjeet was found in possession of 9 liters of country made liquor without any licence or permit. After investigation, challan was filed by the police.
2. On conclusion of investigation, charge sheet was filed and copy was supplied to accused. The charge has been framed against the accused to which he has not pleaded guilty and has claimed trial.
3. Today when the matter was listed for prosecution evidence, the accused Surjeet stated that he wishes to plead guilty. Separate statement of accused has been recorded.
4. In view of the plea of guilt of the accused, the accused Surjeet is convicted for the offence u/s 61 of Punjab Excise Act. Announced in the open court (SHUCHI LALER) today itself. MM/EAST/KKD/21.02.2012.
FIR No. 67/05 U/s 61/1/14 Punjab Excise Act PS Vivek Vihar S/V Surjeet 21.02.2012 Present: Ld. APP for state. Accused present on bail.
The accused has stated that he wishes to plead guilty. Accused has been explained the consequences of pleading guilty and he has been informed that his plea of guilt can be used against him as confession and he can be convicted solely on the basis of the same. However, the accused has voluntarily pleaded guilty.
In view of the plea of guilt of the accused, vide separate judgment, accused Surjeet is convicted for the offence u/s 61 of Punjab Excise Act.
Arguments heard on the point of sentence. Accused has submitted that the accused is the only one to support his family. In these circumstances, a lenient view is accordingly taken. The accused Surjeet is sentenced to fine of Rs.200 for the offence u/s 61 of Punjab Excise Act, in default, the accused shall undergo simple imprisonment of one day. Bail bond of accused shall remain in force and same shall not be discharged for a period of six months in view of Section 437A Cr.P.C.
File be consigned to Record Room.
(SHUCHI LALER) MM04/EAST/KKD/DELHI 21.02.2012 IN THE COURT OF MS. SHUCHI LALER METROPOLITAN MAGISTRATE - 04 : EAST:
KARKARDOOMA COURT : DELHI.
ORDER ON POINT OF SENTENCE Arguments heard on the point of sentence. Accused has submitted that the accused, aged around 37 years and he belongs to a poor family and he is the only bread earner of his family. In these circumstances, a lenient view is accordingly taken. The accused is sentenced to a fine Rs. 200/ for the offence U/S 61 Punjab Excise Act, in default the accused shall undergo Simple Imprisonment of One Day. Fine paid vide receipt no. 531628 dated 21.02.2012. Case property be confiscated to the State, as per rules.
Announced in the open court (SHUCHI LALER) today itself. MM/EAST/KKD/21.02.2012