Delhi District Court
State vs Laxmi on 30 November, 2007
-Page numbers- FIR NO: 590/98
PS : Sultan Puri, Delhi
U/s 61 of Pb .Excise Act, 1914
IN THE COURT OF DR.SHAHABUDDIN METROPOLITAN
MAGISTRATE:COURT ROOM NO.105, ROHINI COURTS DELHI
State vs Laxmi
FIR No : 590/98
PS : Sultan Puri, Delhi
U/s 61 of Pb .Excise Act, 1914
JUDGMENT
A. SL. No. of the case : 125/2
B. Date of Institution in the court : 27.03.1999
C. Date of commission of offence : 02.09.1998
D. Name of the complainant : HC Satbir Singh
E. Name of the accused , her : Smt Laxmi W/o Sh. Raju
parentage and residence R/o B-75 Aman Vihar
Jagdamba Market,
Sultanpuri Delhi.
F. Offence complained of or : U/s 61 of Punjab Excise
proved Act, 1914
G. Plea of accused : Pleaded not guilty
H. Final Order : Acquitted
I. Date on which judgment : 30.11.2007
reserved
J. Date of such judgment : 30.11.2007
K) BRIEF REASONS FOR THE DECISION OF THE CASE
1. The main prosecution case against the accused is that on 02.09.1998 at about 1.15 PM at Main Road Balbir Vihar near Aman Vihar Sultanpuri Delhi, within the jurisdiction of PS Sultanpuri Delhi, the accused was found in possession of one Gatta Peti containing 48 quarters of country-made liquor of the label 'Boxer Whisky' without Contd....P/Next page
-Page numbers- FIR NO: 590/98 PS : Sultan Puri, Delhi U/s 61 of Pb .Excise Act, 1914 having any license / permit and in contravention of a Delhi Administration Notification in this regard. Hence, a chargesheet was filed against the accused after completion of entire investigation for the offence U/s 61 of Punjab Excise Act, 1914 (in short called as Punjab Ex. Act hereinafter).
2. Accused appeared in the court and she was supplied the copies of documents relied upon in the chargesheet as per mandate of section 207 of The Code of Criminal Procedure, 1973 ( in short called as Cr.P.C hereinafter).
3. On 01.10.1999, a charge was framed against the accused for the offence U/s 61 of Punjab Ex.Act to which she did not plead guilty and claimed trial.
4. From the side of prosecution, PW1 HC Chand Singh, PW2 ASI Satbir Singh, PW3 Ct. Sansbeer, PW4 Ct. Surender and PW5 Jogender were examined and then remaining prosecution evidence (in short P/E) was closed.
5. On 11.07.2007, statement of accused was recorded U/s 313 Cr.P.C. in which she denied the allegations against her as Contd....P/Next page
-Page numbers- FIR NO: 590/98 PS : Sultan Puri, Delhi U/s 61 of Pb .Excise Act, 1914 false and incorrect but she did not want to lead defence evidence.
6. Oral final arguments were heard today on 30.11.2007 from Ld. APP for State and from Ld. Counsel Shri Anand Sharma on behalf of accused because Ld. Counsel filed an application for personal exemption of accused on the ground that she has to attend marriage of her daughter today due to which she had not come and the same was allowed.
7. The main submissions of Ld. APP for State were to the effect that on the basis of entire material on record, the case stands well proved against the accused beyond reasonable doubt for the offence U/s 61 of Punjab Excise Act and that she should be punished strictly as per law.
8. On the other hand, the main submissions of the Ld. Defence counsel were to the effect that accused was falsely implicated in this case; that nothing was recovered from her possession; that the liquor was planted upon her and then she was booked in this false case; that no independent and reliable person of the locality was joined by investigating officer (in short I/O) during investigation nor produced for Contd....P/Next page
-Page numbers- FIR NO: 590/98 PS : Sultan Puri, Delhi U/s 61 of Pb .Excise Act, 1914 evidence during trial of this case; that there are several material contradictions in the depositions of witnesses examined in this case. On the basis of these submissions mainly, acquittal of the accused was prayed for.
9. I perused the entire judicial file minutely in view of the above mentioned rival submissions.
10. Before proceeding further on the merits of this case, I refer to the relevant provisions of section 61 of Punjab Excise Act for which the charge was framed against the accused in this matter.
11. The relevant portion of section 61 of Punjab Excise Act is to the following effect:-
"61.(1) Penalty for unlawful import, export, transport, manufacture, possession, etc. -- Whoever, in contravention of any section of this Act or of any rule, notification issued or given there-under or order made, or of any license, permit or pass granted under this Act.--
a) Imports, exports, transports, manufactures, collects or possesses any (intoxicant); or
b) constructs or works any distillery or brewery; or
c) uses, keeps or has in his possession any materials, still, utensil, implement or Contd....P/Next page
-Page numbers- FIR NO: 590/98 PS : Sultan Puri, Delhi U/s 61 of Pb .Excise Act, 1914 apparatus whatsoever, for the purpose o manufacturing any (intoxicant) other than tari:
shall be punishable for every such offence with imprisonment for a term which may be extend to (three years) [ and with fine upto two thousand rupees and if found in possession of a working still for the manufacture of any (intoxicant) shall be punishable with the minimum sentence of six months imprisonment and fine of two hundred rupees]."
12. Now turning to the evidence of the record, PW1 is merely a formal witness as he was posted as MHC(M) at PS Sultanpuri Delhi and on 02.09.98, the case property of this matter was deposited with him pertaining to this matter and he made entry of the same in Register No. 19 at Sr. No. 5085 of which copy is on record as Ex.PW1/A. Similarly, PW4 and PW5 are also formal witnesses examined in this matter. PW3, at the instructions of I/O, had taken the sample quarter bottle from the MHC(M) to be deposited in Excise Laboratory Delhi. Likewise, PW5 is also a formal witness as he was working as Duty Officer on 02.09.98 and recorded FIR in this case of which copy is on record as Ex. PW5/A.
13. As regards evidence of PW2 and PW3 respectively, there are several material contradictions in their depositions. They Contd....P/Next page
-Page numbers- FIR NO: 590/98 PS : Sultan Puri, Delhi U/s 61 of Pb .Excise Act, 1914 have admitted that no independent and reliable person of the locality was joined by the I/O during investigation, despite the alleged place of recovery being a very busy locality and surrounded with residential area. No satisfactory explanation has come on record for this serious lapse on the part of the I/O during investigation of this matter.
14. In view of the above mentioned discussion and on the basis of entire oral as well as documentary evidence on record, I am of the considered opinion that prosecution side has miserably failed to prove the guilt of the accused beyond reasonable doubt for the offence u/s 61 of Punjab Excise Act. Hence, accused is entitled to be acquitted. Accordingly, accused Laxmi W/o Raju is hereby acquitted for the offence U/s 61 of Punjab Excise Act. Her bail bonds are discharged and her surety also discharged. Case property be destroyed / disposed of as per rules after expiry of period of appeal / revision, as the case may be. File be consigned to record room as per rules.
ANNOUNCED AND DICTATED IN THE OPEN COURT TODAY ON 30.11.2007 ( DR. SHAHABUDDIN ) METROPOLITAN MAGISTRATE ROHINI COURTS DELHI Contd....P/Next page