Delhi District Court
State vs Satish Kumar on 5 December, 2025
IN THE COURT OF SH. ANKIT KARAN SINGH
JUDICIAL MAGISTRATE FIRST CLASS-08, WEST
TIS HAZARI COURTS, DELHI
CNR No. DLWT02-009546-2022
CIS No. 5669/22
State Vs. Satish Kumar
FIR No. 881/20
PS. Ranhola
U/s. 33/38 Delhi Excise Act
JUDGMENT
1) The date of commission of offence : 28.09.2020 2) The name of the complainant : HC Birbal
3) The name & parentage of accused : 1. Satish Kumar S/o Pintu Kumar, R/o Village Parnala, PS Bahadurgarh, Distt. Jhajjar, Haryana.
2. Arvind Kumar S/o Ram Surat, R/o Village Parnala, PS Bahadurgarh, Distt. Jhajjar, Haryana.
4) Offence complained of : u/s. 33/38 Delhi Excise Act
5) The plea of accused : Pleaded not guilty
6) Final order : Acquittal
7) The date of such order : 05.12.2025
Date of Institution : 28.04.2022
Final Arguments heard on : 05.12.2025
Judgment reserved on : 05.12.2025
Judgment announced on : 05.12.2025
State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 1/13
JUDGMENT
1) The case of the prosecution against the accused persons is that on 28.09.2020
at about 10:40 PM at Bakkarwala Mor, Police Picket R, Delhi, within the jurisdiction of PS Ranhola, both accused were found in possession 4 bags in a Swift Dzire car bearing no. DL-1ZC-8968 containing total 322 quarter bottles of illicit liquor, first bag was containing 72 quarter bottles (180 ML each) of illicit liquor of brand Double Blue Whiskey and Episode for sale only in Haryana, second bag was containing 85 quarter bottles (180 ML each) of illicit liquor of brand Asli Santra Masaledar Deshi Sharab for sale only in Haryana, third bag was containing 85 quarter bottles (180 ML each) of illicit liquor of brand Asli Santra Masaledar Deshi Sharab for sale only in Haryana and fourth bag was containing 80 quarter bottles (180 ML each) of illicit liquor of brand Asli Santra Masaledar Deshi Sharab for sale only in Haryana as detailed in seizure memo Mark 'A' without any permit or licence.
2) In support of its version, prosecution has examined six witnesses. Accused persons admitted FIR no. 881/20 is Ex. A1, Excise Result is Ex. A2 and Statement of HC Jai Bhagwan recorded U/s 161 of CrPC is Ex. A3.
3) After conclusion of prosecution evidence, statement of accused persons were recorded separately wherein accused persons claimed to be innocent and denied the allegations against them. Accused persons opted not to lead any DE.
4) I have heard Ld. APP for State and Ld Counsel for accused. I have also perused the record carefully.
5) The testimonies of prosecution witnesses are being touched upon, in brief, as follows:-
5.1) PW-1 ASI Birbal deposed that on 28.09.2022, PW1 alongwith PSI Happy, Ct. Ramesh and Ct. Vinod were posted on picket duty at Bakkarwal more and were checking the vehicles. It is further stated that at about 10.40 pm, one Swift Dzire Taxi No. DL12C-8968 was coming from the side of Nazafgarh and PW1 stopped it.
It is further stated that upon checking it, two three persons were sitting in the car. It is further stated that one person was driving the vehicle and two persons were State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 2/13 sitting on the back seat. It is further stated that upon checking the car, the persons sitting on the back seat had kept two bags on their legs and two bags were kept in the diggi of the said car. It is further stated that thereafter, PW1 checked the said bags and found them to be containing some illicit liquor quarter bottles. It is further stated that upon checking the first bag, a total of 72 quarter bottles were found, out of which 24 quarter bottles were of the make of Double Blue Whisky for Sale in Haryana only (180 ML) and 48 quarter bottles of the make of Episode for Sale in Haryana only (180 ML). It is further stated that PW1 took out one quarter bottle from each brand as a sample and sealed with the seal of VR and gave them serial no. 1 and 2. It is further stated that upon checking the second bag, a total of 85 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that PW1 took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no.3. It is further stated that upon checking the third bag, a total of 85 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that PW1 took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no. 4. Upon checking the fourth bag, a total of 80 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that PW1 took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no.5. It is further stated that PW1 kept back the remaining bottles in four different plastic sacks and closed their mount with the help of white cloth and sealed them with the seal of VR and gave them serial no.1A to 4A. It is further stated that PW1 filled up form M-29 which is exihited as Ex.PW1/A. It is further stated that PW1 seized the case property vide seizure memo which is exihited as Ex.PW1/B. It is further stated that PW1 prepared the tehrir which is exihited as Ex.PW1/C and sent Ct. Ramesh to the PS for getting the FIR registered and after some time Ct. Ramesh alongwith HC Pawan came back to the spot alongwith copy of FIR. It is further stated that IO prepared the site plan at his instance which is exihited as Ex.PW1/D. It is further stated that IO carried out the personal search of State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 3/13 accused persons vide memos exhibited as Ex.PW1/E and Ex.PW1/F and further arrested them vide memos as exhibited as Ex.PW1/G and Ex.PW1/H. It is further stated that IO recorded their disclosure statement vide memos Ex.PW1/I and Ex.PW1/J. It is further stated that thereafter, IO recorded his statement and releived PW1 from the investigation.
5.2) PW-2 Anand Kumar deposed that PW2 is a driver by profession. It is further stated that on that day, 28.09.2020, PW2 was driving the cab bearing number DL1ZC 8968 make maruti Dzire white colour. It is further stated that at around 7:00 PM someone booked my cab for a ride from Bahdur Garh to Nihal Vihar, Delhi. It is further stated that thereafter, PW2 picked the two customers who are standing in the court and both the accused persons are correctly identify by the witness. It is further stated that they were carrying four bags in his car when they reached near Bakkarwal x-ing, Delhi there was picket and the car was being checked. It is further stated that when the police official checked his car and found four bags of the accused and they found illicit liquor inside the bags. It is further stated that thereafter, the police officials recovered the illicit liquor and the above mentioned car. It is further stated that thereafter, PW2 handed over the insurance and other relevant documents to the IO which are now marked as Mark X.1 running into 10 pages.
5.3) PW-3 HC Vinod Kumar deposed that on 28.09.2022, PW3 alongwith PSI Happy, Ct. Ramesh and HC Birbal were posted on picket duty at Bakkarwal more and were checking the vehicles. It is further stated that at about 10.40 pm, one Swift Dzire Taxi No. DL12C-8968 was coming from the side of Nazafgarh and he stopped it. It is further stated that upon checking it, two three persons were sitting in the car. It is further stated that one person was driving the vehicle and two persons were sitting on the back seat. It is further stated that upon checking the car, the persons sitting on the back seat had kept two bags on their legs and two bags were kept in the diggi of the said car. It is further stated that thereafter, he checked the said bags and found them to be containing some illicit liquor quarter bottles. It is further stated that upon checking the first bag, a total of 72 quarter bottles were State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 4/13 found, out of which 24 quarter bottles were of the make of Double Blue Whisky for Sale in Haryana only (180 ML) and 48 quarter bottles of the make of Episode for Sale in Haryana only (180 ML). It is further stated that HC Birbal took out one quarter bottle from each brand as a sample and sealed with the seal of VR and gave them serial no. 1 and 2. It is further stated that upon checking the second bag, a total of 85 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that he took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no. 3. It is further stated that upon checking the third bag, a total of 85 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that he took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no. 4. It is further stated that upon checking the fourth bag, a total of 80 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that he took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no. 5. It is further stated that he kept back the remaining bottles in four different plastic sacks and closed their mount with the help of white cloth and sealed them with the seal of VR and gave them serial no. 1A to 4A. It is further stated that he filled up form M-29 which is already exihited as Ex.PW1/A. It is further stated that he seized the case property vide seizure memo which is already exihited as Ex.PW1/B. It is further stated that he prepared the tehrir which is already exihited as Ex.PW1/C and sent Ct. Ramesh to the PS for getting the FIR registered and after some time Ct. Ramesh alongwith IO/ HC Pawan came back to the spot alongwith copy of FIR. It is further stated that IO prepared the site plan at the instance of HC Birbal which is already exihited as Ex.PW1/D. IO carried out the personal search of accused persons vide memos are already exhibited as Ex.PW1/E and Ex.PW1/F and further arrested them vide memos as already exhibited as Ex.PW1/G and Ex.PW1/H. It is further stated that IO recorded their disclosure statement vide memos already Ex.PW1/I and Ex.PW1/J. It is further stated that thereafter, IO recorded his statement and releived PW3 from the investigation.
State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 5/13 5.4) PW-4 SI Happy deposed that on 28.09.2022, PW4 alongwith Ct. Vinod, Ct. Ramesh and HC Birbal were posted on picket duty at Bakkarwal more and were checking the vehicles. It is further stated that at about 10.40 pm, one Swift Dzire Taxi No. DL12C-8968 was coming from the side of Nazafgarh and we stopped it. It is further stated that upon checking it, two three persons were sitting in the car. It is further stated that one person was driving the vehicle and two persons were sitting on the back seat. It is further stated that upon checking the car, the persons sitting on the back seat had kept two bags on their legs and two bags were kept in the diggi of the said car. It is further stated that thereafter, he checked the said bags and found them to be containing some illicit liquor quarter bottles. It is further stated that upon checking the first bag, a total of 72 quarter bottles were found, out of which 24 quarter bottles were of the make of Double Blue Whisky for Sale in Haryana only (180 ML) and 48 quarter bottles of the make of Episode for Sale in Haryana only (180 ML). It is further stated that HC Birbal took out one quarter bottle from each brand as a sample and sealed with the seal of VR and gave them serial no. 1 and 2. It is further stated that upon checking the second bag, a total of 85 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that he took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no.3. It is further stated that upon checking the third bag, a total of 85 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that he took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no. 4. It is further stated that upon checking the fourth bag, a total of 80 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that he took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no. 5. It is further stated that he kept back the remaining bottles in four different plastic sacks and closed their mount with the help of white cloth and sealed them with the seal of VR and gave them serial no. 1A to 4A. He filled up form M-29 which is already exihited as Ex.PW1/A. It is further stated that he seized the case property State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 6/13 vide seizure memo which is already exihited as already Ex.PW1/B. It is further stated that he prepared the tehrir which is already exihited as already Ex.PW1/C and sent Ct. Ramesh to the PS for getting the FIR registered and after some time Ct. Ramesh alongwith IO/ HC Pawan came back to the spot alongwith copy of FIR. It is further stated that IO prepared the site plan at the instance of HC Birbal which is already exihited as Ex.PW1/D. It is further stated that IO carried out the personal search of accused persons vide memos are already exhibited as Ex.PW1/E and Ex.PW1/F and further arrested them vide memos as already exhibited as Ex.PW1/G and Ex.PW1/H. It is further stated that IO recorded their disclosure statement vide memos already Ex.PW1/I and Ex.PW1/J. It is further stated that thereafter, IO recorded his statement and releived PW4 from the investigation. 5.5) PW-5 HC Pawan Kumar deposed that on 28.09.2022, PW5 was posted as Head Constable at PS Ranhola, Delhi. It is further stated that the present matter was marked to PW5 after the registeration of FIR. It is further stated that thereafter, PW5 alongwith Ct. Ramesh went at the spot and met with ASI Birbal, PSI Happy and Ct. Vinod there who handed over the custody of accused and illicit liquor to PW5 for further course of investigation. It is further stated that PW5 prepared the site plan at his instance which is already exihited as Ex.PW1/D. It is further stated that PW5 carried out the personal search of accused persons vide memos already exhibited as Ex.PW1/E and Ex.PW1/F. It is further stated that thereafter, PW5 recorded the statement of witnesses u/s 161 cr. PC. PW5 sent the sample bottle to the excise lab vide Ex. AO and after receiving the excise result and prepared the chargesheet and file the same before the Hon'ble Court.
5.6) PW-6 HC Ramesh deposed that on 28.09.2022, PW6 alongwith PSI Happy, HC Birbal and Ct. Vinod were posted on picket duty at Bakkarwal more and were checking the vehicles. It is further stated that at about 10.40 pm, one Swift Dzire Taxi No. DL12C-8968 was coming from the side of Nazafgarh and PW6 stopped it. It is further stated that upon checking it, two three persons were sitting in the car. It is further stated that one person was driving the vehicle and two persons were sitting on the back seat. It is further stated that upon checking the car, the persons State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 7/13 sitting on the back seat had kept two bags on their legs and two bags were kept in the diggi of the said car. It is further stated that thereafter, they checked the said bags and found them to be containing some illicit liquor quarter bottles. It is further stated that upon checking the first bag, a total of 72 quarter bottles were found, out of which 24 quarter bottles were of the make of Double Blue Whisky for Sale in Haryana only (180 ML) and 48 quarter bottles of the make of Episode for Sale in Haryana only (180 ML). It is further stated that IO took out one quarter bottle from each brand as a sample and sealed with the seal of VR and gave them serial no. 1 and 2. It is further stated that upon checking the second bag, a total of 85 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that PW6 took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no. 3. It is further stated that upon checking the third bag, a total of 85 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that PW6 took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no. 4. It is further stated that upon checking the fourth bag, a total of 80 quarter bottles were found of the make of Asli Santara Masaledar Desi Sharab for Sale in Haryana only (180 ML). It is further stated that PW6 took out one quarter bottle as a sample and sealed with the seal of VR and gave them serial no.5. It is further stated that IO kept back the remaining bottles in four different plastic sacks and closed their mount with the help of white cloth and sealed them with the seal of VR and gave them serial no. 1A to 4A. It is further stated that IO filled up form M-29 which is exihited as Ex.PW1/A. It is further stated that IO seized the case property vide seizure memo which is exihited as Ex.PW1/B. It is further stated that IO prepared the tehrir which is exihited as Ex.PW1/C and sent PW6 to the PS for getting the FIR registered and after some time PW6 alongwith HC Pawan came back to the spot alongwith copy of FIR. It is further stated that IO prepared the site plan at his instance which is exihited as Ex.PW1/D. It is further stated that IO carried out the personal search of accused persons vide memos exhibited as Ex.PW1/E and Ex.PW1/F and further arrested State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 8/13 them vide memos as exhibited as Ex.PW1/G and Ex.PW1/H. It is further stated that IO recorded their disclosure statement vide memos Ex.PW1/I and Ex.PW1/J. It is further stated that thereafter, IO recorded his statement and releived me from the investigation. It is further stated that later on PW6 took the sample to the excise and submitted the same vide RC no. 200/21/20.
6) It is the cardinal principle of Criminal Justice delivery system that the prosecution has to prove the guilt of accused person beyond reasonable doubts. No matter how weak the defence of accused is but, the golden rule of the Criminal Jurisprudence is that the case of the prosecution has to stand on its own leg.
7) Ld. counsel for the accused vehemently argued that the present case is a false one and is the example of high handedness of the police. He argued that the accused has been illegally framed in the present case and it is evident from the fact that the accused was allegedly apprehended from the public place and but there is no public witness to the proceedings. He argued that police officials conducted the entire proceedings and same is not trustworthy. Ld APP for the State argued that the public persons did not join the proceedings despite requests.
8) The manner in which the inquiry, seizure and search etc. was stated to be conducted on the spot at the time of arrest of the accused and alleged recovery of liquor makes the prosecution version highly doubtful. It is evident from the testimony of PW-1 to PW-6 that accused was apprehended along with the alleged illicit liquor at public place but there is no public witness in the present case. Regarding the importance of joining independent witness during investigation in a case like the present one, reliance may be placed on the following case laws:-
In a case law reported as Anoop Joshi Vs. State 1999(2) C.C. Cases 314 (HC), Hon'ble High Court of Delhi has observed as under:
"18. It is repeatedly laid down by this court that in such cases it should be shown by the police that sincere efforts have been made to join independent witnesses. In the present case, it is evident that no such sincere efforts State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 9/13 have been made, particularly when we find that shops were open and one or two shopkeepers could have been persuaded to join the raiding party to witness the recovery being made from the appellant. In case any of the shopkeepers had declined to join the raiding party, the police could have later on taken legal action against such shopkeepers because they could not have escaped the rigours of law while declining to perform their legal duty to assist the police in investigation as a citizen, which is an offence under the IPC".
9) The names of the persons to whom the request was made to join the investigation has nowhere mentioned. No written notice has been placed on record which must be given to the public persons. Merely deposing that public person refused to join the investigation is of no avail. Considering the aforesaid observations made by the Higher Courts, the omissions/failure on the part of investigating agency to join independent public witnesses create reasonable doubt in the prosecution story and are fatal to the prosecution version which establishes the defence version that there is total false implication of the accused in the present case and that the recovery was planted upon the accused.
10) It appears that no efforts was made to hand over the seal after use to independent person. I am conscious of precedent laid down by Hon'ble Delhi High Court in Safiullah v. State, 1993 (1) RCR (Criminal) 622, that:
"10. The seals after use were kept by the police officials themselves. Therefore the possibility of tampering with the contents of the sealed parcel cannot be ruled out. It was very essential for the prosecution to have established from stage to stage the fact that the sample was not tampered with. Once a doubt is created in the preservation of the sample the benefit of the same should go to the accused."
Hon'ble Punjab & Haryana High Court also held in Ramji Singh vs. State of State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 10/13 Haryana, 2007 (3) RCR (Criminal) 452, that "7. The very purpose of giving seal to an independent person is to avoid tampering of the case property."
11) No seal handing over memo is on record. The police official having the possession of the seal was posted in the same police station in the malkhana of which the case property was lying. There was ample opportunity for tempering with case property. Hence, considering the legal position, the benefit of doubt should be given to the accused.
12) Besides all this, in the present case, the seizure memo of illicit liquor Ex.PW1/B bears the number of FIR. As per the rukka and testimony of witnesses, the seizure memo was prepared prior to registration of FIR. If that be so then how seizure memo bears the FIR number. Now, I consider the observation made by Hon'ble Delhi High Court in Giri Raj v. State, 83 (2000) DLT 201. This gives rise to two inferences that either the FIR was recorded prior to the alleged recovery of the case property or number of the said FIR was inserted in the document after its registration. In both the situations, it seriously reflects upon the veracity of the prosecution version and creates a good deal of doubt about the recovery of the case property in the manner alleged by the prosecution. That being so, the benefit arising out of such a situation must necessarily go to the accused.
13) Further the case property was sent for chemical examination on 13.10.2020 while the same was seized on 28.09.2020. The entire paper formalities were completed in 28.09.2020 only. When the entire codal formalities were completed on 28.09.2020 than the delay of 15 days in sending the exhibits for chemical examination is beyond comprehension. Again the police official having the possession of the seal was posted in the same police station where the case property was lying. There was ample opportunity for tampering with the case property and benefit of this laxity on the part of investigating officer should go to the accused.
14) Being guided by above-said case laws, it can be said that the search, seizure and recovery made by the above said police officials was in complete violation of the well established principles of law and the same can be said to be illegal which State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 11/13 create grave doubts on the prosecution's version of recovery of liquor from the possession of the accused from the spot and substantiates the defence version that the alleged recovery was planted upon the accused at the police station and that entire proceedings were recorded at the police station and not on the spot.
15) In the judgment titled as "S.L.Goswami v. State of M.P" reported as 1972 CRI.L.J.511(SC) the Hon'ble Supreme Court held:-
"...... In our view, the onus to proving all the ingredients of an offence is always upon the prosecution and at no stage does it shift to the accused. It is no part of the prosecution duty to somehow hook the crook. Even in cases where the defence of the accused does not appear to be credible or is palpably false that burden does not become any the less. It is only when this burden is discharged that it will be for the accused to explain or controvert the essential elements in the prosecution case, which would negative it. It is not however for the accused even at the initial stage to prove something which has to be eliminated by the prosecution to establish the ingredients of the offence with which he is charged, and even if the onus shifts upon the accused and the accused has to establish his plea, the standard of proof is not the same as that which rests upon the prosecution ..........................."
16) The onus and duty to prove the case against the accused is upon the prosecution and the prosecution must establish the charge beyond reasonable doubt. It is also a cardinal principle of criminal jurisprudence that if there is a reasonable doubt with regard to the guilt of the accused the accused is entitled to benefit of doubt resulting in acquittal of the accused. Reference may also be made to the judgment titled as Nallapati Sivaiah v. Sub Divisional Officer, Guntur reported as VIII(2007) SLT 454(SC).
State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 12/13
17) In view of the aforesaid discussion, in my opinion accused has been able to raise a probable defence creating doubt about the existence or veracity of the prosecution version which renders the same untrustworthy. Accordingly, accused Statish Kumar and Arvind Kumar stand acquitted of charged offences. Case property be confiscated to the State. Same be destroyed. Personal bail bonds U/s 437 A Cr.PC furnished. File be consigned to Record Room after due compliance.
ANKIT KARAN Digitally signed by ANKIT KARAN
SINGH
SINGH Date: 2025.12.05 16:27:16 +0530
Announced in the open court (ANKIT KARAN SINGH)
on 05.12.2025 JMIC-08,West District,
Tis Hazari Courts, Delhi.
State Vs. Satish & Anr FIR No. 881/20 U/s. 33/38 Delhi Excise Act 13/13