Delhi District Court
State vs . Kishan @ Kanhaiya on 24 September, 2010
1
IN THE COURT OF MS. VANDANA JAIN, MM08
WEST DISTRICT, TIS HAZARI COURT
State Vs. Kishan @ Kanhaiya
FIR No.496/05
PS: Kirti Nagar
U/S: 61/1/14 Ex. Act
Sr. no. of the case : 671/10
Date of commission of offence : 07.10.2005
Date of institution of the case : 12.12.2005
Name of the complainant : Manoj Kumar
Name of accused and address : Kishan @ Kanhaiya S/o
Sh. Ramji R/o Jhuggi
Vinod Wali, Chuna
Bhatti, Kirti Nagar,
New Delhi.
Offence complained of or proved : U/S 61/1/14 Excise Act
Plea of the accused : Pleaded not guilty
Final Order : Acquitted
Date of judgment : 24.09.2010
J U D G M E N T:
1. Brief facts of the prosecution story is that on 07.10.2005 at about 7.10pm at DSIDC Complex Gate No.1, Kirti Nagar, FIR No.496/05 State Vs. Kishan Kanhaiya Page 1/5 2 Delhi the accused was found in possession of a plastic cane containing 24 bottles of illicit liquor without any licence or permit.
2. Charge was framed against the accused on 20.09.2007 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 4 witnesses have been examined.
4. PW1 Ct. Surender Kumar deposed that on 13.10.2005 he deposited that sample of liquor bottles in the excise lab vide RC no.124/21/05.
5. PW2 HC Manoj deposed that on 07.10.2005 he was on patrolling duty and when he reached at the spot i.e. DSIDC Complex in front of gate no.1, Kirti Nagar where he saw that one person was carrying white plastic cane. He deposed that he chased him and stopped him after some distance and on checking the white plastic cane found a smell of liquor. He deposed that he made a telephonic call to the PS Kirti Ngr from where HC Kartar Singh came at the spot. He deposed that IO asked 45 passersby to join the investigation but all of them refused and IO recorded his statement, handed over the plastic cane as well as the accused to the IO and IO checked the plastic. He deposed that he brought bucket, keep, empty bottle of 750ml from nearby jhuggi and IO FIR No.496/05 State Vs. Kishan Kanhaiya Page 2/5 3 measured recovered illicit liquor with the help of above said articles and found 24 bottle 750ml each of illicit liquor. He deposed that IO took one bottle for the purpose of sample and rest case property was put into the said plastic cane and they were sealed the same with the seal of KS. He deposed that seal after use was handed over to him and entire case property was taken into possession. He deposed that IO prepared the documents, filled form M29, prepared rukka and handed over rukka to him. He deposed that he got the FIR registered and came back at the spot and then IO prepared site plan at his instance. He deposed that IO arrested the accused Kishan, conducted personal search and the accused was released on bail on the spot itself.
6. PW3 HC Kartar Singh deposed that on 07.10.2005 on receiving DD no.18A Ex.PW3/C, he reached at DSIDC complex in front of gate no.1 Kirti Nagar where accused Kishan @ Kanhaiya was produced by HC Manoj before him along with one plastic cane which was containing illicit liquor. He deposed that he asked fourfive passersby to join the investigation but none agreed. He deposed that he recorded the statement of Ct. Manoj Kumar. He deposed that he checked the plastic cane and Ct. Manoj brought the bucket, keep, empty bottle of 750ml from nearby FIR No.496/05 State Vs. Kishan Kanhaiya Page 3/5 4 jhuggi and he measured the recovered illicit liquor with the help of abovesaid equipment and found 24 bottles of illicit liquor out of which one bottle of 750ml taken for sample and rest case property put into said plastic cane. He deposed that he prepared excise form and the case property as well as sample sealed with the seal of KS and after using the handed over to Ct. Manoj Kumar. He deposed that the case property taken into possession, prepared rukka and handed over to Ct,. Manoj for registration of FIR and after registration of FIR Ct. Manoj returned back over the spot along with original rukka and carbon copy of FIR and the same handed over to him and he prepared site plan arrested the accused. The information regarding arrest of the accused given to one Vinod and later on accused was released on bail.
7. PW4 HC Sunder Singh is the MHC(M) who deposited the sample who received the case property in the malkhana amd sent to sample to excise office through Ct. Surender Singh vide road certificate no.124/21 dated 13.10.05.
8. Statement of accus ed U/S 281 Cr.P.C has been recorded in which he has stated that he did not wish to lead any defence evidence.
9. I have heard arguments advanced by Ld. APP for the FIR No.496/05 State Vs. Kishan Kanhaiya Page 4/5 5 State and learned counsel for the accused. I have also perused the record carefully.
10. PW2 HC Manoj stated that he was on patrolling duty however, his departure entry from the PS is not on record. It creates a doubt PW3 HC Kartar Singh in his deposition stated that PW2 Ct. Manoj brought the bucket, keep and empty bottle from the nearby jhuggi however and the person living in that jhuggi has not been made a witness. It further creates a doubt. Further there is no memo regarding handing over seal by the IO to PW2 HC Manoj. Therefore, the chance for tampering the case property cannot be ruled out. It is further mentioned that accused was released on bail on the spot itself. But the fact as to whom informed the surety is not mentioned. The person to whom the information of arrest was conveyed was Vinod and the surety is one Raju. It has not been explained who has brought the surety on the spot for furnishing the bail of the accused. There are several doubts in the story of the prosecution. Accordingly accused is given benefit of doubt and is acquitted for the charge framed for the offence U/s 61/1/14 Excise Act.
Announced in the open (Vandana Jain)
court on 24.09.2010 MM08/West/Delhi
FIR No.496/05 State Vs. Kishan Kanhaiya Page 5/5