Delhi District Court
State vs Inderjeet Singh on 20 October, 2009
IN THE COURT OF SH. M. P. SINGH: METROPOLITAN
MAGISTRATE-02/WEST : DELHI
STATE VS INDERJEET SINGH
FIR NO : 227/99
U/SEC : 61/1/14 EXCISE ACT
PS : HARI NAGAR
JUDGMENT
Serial No of the Case : 450/III/02 Date of Commission of offence : 24/03/1999 Date of institution of the Case : 21/08/2002 Name of the Complainant : HC Satvir Singh
Name of the accused, parentage and address: Inderjeet Singh @ Pinki s/o Jaswant Singh r/o H No 14/26A Tilak Nagar, New Delhi Offence Complained or proved : 61/1/14 Excise Act Plea of the accused : Pleaded not Guilty.
Date of Arguments : 27/10/2009
Final order : Acquitted
Date of Judgment : 27/10/2009
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JUDGMENT
1. Case of the prosecution is as follows: That on 24/03/1999 at 9:10 PM at shop No E-1C, Gurunanakpura, Jail Road, Delhi accused was found in possession of a cloth bag and three carton which were containing 48 quarter bottles each of label Royal Touch and Stups Fine Whishky without any licence of permit. It is thus that the accused has been sent up to face trial for the offence punishable under section 61/1/14 Excise Act.
2. After the usual investigation chargesheet was filed against the accused person on 21/08/2002
3. Charge for the offence U/sec 61/1/14 Excise Act was framed against the accused person on 21/07/2005 to which he pleaded not guilty and claimed trial.
4. After the framing of charge the matter was posted for PE. During the course of PE prosecution examined four witnesses PW1 namely Ct Sunil Kumar, PW2 Ct Manohar Lal, PW3 ASI Satbir Singh and PW4 ASI/DO Chand Parkash the then HC/DO. Before proceeding further it would be apt to note that PW1 Ct Sunil Kumar, PW2 Ct Manohar Lal were partly cross examined and their further cross examination could not be completed. The partial testimony of PW1 Ct Sunil Kumar, PW2 Ct Manohar Lal cannot be looked into and relied upon by this court. This leaves us with deposition of only two other witnesses. PW4 ASI/DO Chand Parkash the then HC/DO was formal witness. PW3 ASI Satbir Singh is a recovery witness to the ::3::
incident in question. He deposed that on the day of the incident a secret information was received to the effect that the accused was selling liquor at the Jail Road, Hari Nagar, Delhi. A raiding party was formed however no public persons joined the raiding party. Accused was apprehended. And the illicit liquor was recovered from the possession of the accused. In his cross examination he deposed that people were passing from the spot but no notice was served upon any of them. The case property produced in the court had no case particulars.
5. In the case at hand, the raiding party did not make any serious efforts to join the public persons. No written notice was served upon the public persons. Without sufficient corroboration of PW3 his testimony is not free from doubt. Even otherwise the excise report has not been proved; as such there is nothing on record to suggest that the seized material was liquor.
6. In view of the foregoing discussion accused stands acquitted. Bail bond of accused if any stands cancelled, surety of accused if any stands discharged. File be consigned to record room.
Announced in the Open Court M. P. SINGH
on 27th October, 2009 METROPOLITAN MAGISTRATE
DELHI