Delhi District Court
State vs . Kamaljeet on 2 August, 2011
1
IN THE COURT OF MS. VANDANA JAIN, MM08
WEST DISTRICT, TIS HAZARI COURT
State Vs. Kamaljeet
FIR No.494/02
PS: Kirti Nagar
U/S: 61 Punjab Excise act
Sr. no. of the case : 710/2
Date of commission of offence : 26.10.02
Date of institution of the case : 24.05.03
Name of the complainant : Ct. Satpal Singh
Name of accused and address : Kamaljeet s/o Late Sh. Bhagya
Ram r/o Jhuggi no. K583m
Kathputli Colony, Patel Nagar,
Delhi
Offence complained of or proved : U/S 61 Punjab Excise Act
Plea of the accused : Pleaded not guilty
Final Order : Convicted
Date of judgment : 02.08.2011
J U D G M E N T:
1. Brief facts of the prosecution story is that 26.10.02 at about 3 PM in front of FIR NO: 494/02 State vs Kamaljeet 1/5 2 Reservation Centre, Kirti Nagar at open road the accused was found in possession of a plastic cane containing 15 bottles of country made liquor without any permit or license.
2. Charge u/s 61 Punjab Excise Act was framed against the accused on 24.11.04 to which the accused pleaded not guilty and claimed trial.
3. Prosecution has cited 6 witnesses in support of its case and out of them 3 witnesses have been examined.
4. PW1 Ct. Satpal Singh deposed that on 26.10.02 he was on the patrolling duty and at about 3 PM he saw the accused Kamaljeet was coming from the side of Desi Sharab Theka who was having plastic cane of white colour and he apprehended the accused. He further deposed that he informed the same to the DO at PS Kirti Nagar and upon which HC Krishan Singh reached on the spot. He further stated that he handed over the accused alongwith the cane to him. He further stated that on the instructions of HC Krishan he brought an empty bucket , mug and a bottle of 750 ml. He further deposed that HC Krishan measured the liquor with the help of empty bucket, bottle and mug and found 15 bottles of liquor 750 ml each and out of which one bottle was taken out as sample and the sample and case property were sealed with the seal of KS. He further stated that seal after use was handed over to him. He further stated that HC Krishan recorded his statement and prepared the rukka and the FIR was got registered through him. He further deposed that IO arrested the accused and personal search memo and arrest memo was prepared and the accused was FIR NO: 494/02 State vs Kamaljeet 2/5 3 released on bail and case property was deposited in the Malkhana. MHC(M) produced the case property which was correctly identified by the accused.
5. Pw2 HC Dharamvir deposed that on 09.12.02 on the instruction of IO he collected one sample duly sealed with the seal of KS vide RC no. 162/21/02 for depositing it in excise office. He further deposed that he deposited the same in excise office and collected one receipt. He further deposed that he handed over the receipt to the MHC(M) on the same day. He further deposed that IO recorded his statement.
6. Pw3 HC Rameshwar Dayal deposed that on 26.10.02 he was posted as MHC(M) and on that day HC Krishan Singh deposited the case property and sample alongwith form M29 duly sealed with the seal of KS. He further deposed that on 09.12.02 Ct. Dharamvir sent to excise lab for depositing the sample alongwith form M29.
7. PW4 HC Krishan Singh deposed that on 26.10.02 on receipt of DD no. 28 D reached at Reservation centre where Ct. Satpal met him and Ct. Satpal brought the empty bucket , mug and bottle of 750 ml out of which one bottle was taken out as sample and rest were poured back in the same plastic cane. He further deposed that sample and cane were separately sealed with the seal of KS alongwith form M29. He further deposed that seal after use was handed over to Ct. Satpal and he recorded the statement of Ct. Satpal. He further deposed t hat he prepared the rukka and FIR was got registered through Ct. Satpal. He further deposed that he prepared the site plan and the accused was formally arrested and personal search was conducted and the FIR NO: 494/02 State vs Kamaljeet 3/5 4 accused was released on bail. He further deposed that on 09.12.02 Ct. Dharamvir was sent to excise lab for depositing the sample alongwith form M29 vide RC no. 162/21/02. Result was obtained from excise office. Thereafter PE was closed.
8. Statement of accused U/S 281 Cr.P.C has been recorded in which he has stated that all the allegations levelled upon him are false and fabricated and he further stated that he did not wish to lead any defence evidence.
9. I have heard arguments advanced by Ld. APP for the State and learned counsel for the accused. I have also perused the record carefully.
10. PW1 Ct. Satpal Singh is the recovery witness. He has proved that he apprehended the accused and 15 bottles of illicit liquor were recovered from the possession of the accused. He has not been cross examined therefore his testimony remained unchallenged and unrebutted. There is no reason to disbelieve his testimony.
11. PW4 SI Krishan has proved the rukka, seizure memo of the case property, arrest memo of the accused and personal search memo of the accused. He has further stated that the case property was deposited in Malkhana. He has also proved the DD number by which he came on the spot. He has also stated that 09.12.02 Ct. Dharamvir deposited the sample in the excise lab . His statement is corroborated by PW3 who is MHC(M) who deposed that the case property was deposited by PW4 in Malkhana.
12. The testimony of all the witness has not been challenged . There is no reason to disbelieve the testimony of all the witnesses. The guilt of the accused has been FIR NO: 494/02 State vs Kamaljeet 4/5 5 established beyond reasonable doubt. Hence, accused is convicted. Let he be heard on point of sentence.
Announced in the open (Vandana Jain)
court on 02.08.2011 MM08/West/Delhi
FIR NO: 494/02 State vs Kamaljeet 5/5
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FIR No: 494/02
PS: Kirti Nagar
02.08.2011
ORDER ON POINT OF SENTENCE
Present: Ld. APP for the state
Accused in person
Ld. APP for the state submits that since offence has been committed, the convict deserves minimum punishment. However, convict submits that he is sole bread earner in the family and he is feeling remorse for this act. He prays that a lenient view be taken by the court.
Record perused.
Convict is sentenced to the tune of fine of Rs.1,500/- and also sentenced to the TRC and In default of fine the accused shall undergo SI for 15 days.
(Vandana Jain) MM-08(W)/Delhi.
02.08.2011
FIR NO: 494/02 State vs Kamaljeet 6/5
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FIR NO:494/02
PS:Kirti Nagar
02.08.2011
Present: Ld. APP for the State
Accused in person
Vide separate judgment, accused is convicted. He is sentenced to the fine of Rs. 1,500/- and also sentenced to the TRC.
Fine paid.
Surety stands discharged. Original documents if any be returned after cancellation of endorsement. File be consigned to record room.
Vandana Jain
MM-08/West/Delhi
02.08.2011
FIR NO: 494/02 State vs Kamaljeet 7/5