Indian Kanoon - Search engine for Indian Law

1. The accused Heena is facing trial for offences u/s 33/38 Delhi Excise Act, 2009.

2. Stated succinctly, the facts germane for the prosecution of the case is that on 28­09­2016 at about 09:30 am, the informant was on patrolling duty with W/Ct. Sarla near 908 bus stand, S. Puri. They saw a lady standing in front of Jhuggi No. C­1 standing with a katta. She was questioned on suspicion and when no satisfactory answer could be given by her, the katta was checked and it was found to have allegedly contained illicit liquor.

3. On the written application of the informant, Sultanpuri P.S. registered in relation to the above incident as FIR no. 548/2016 on 28­09­2016 and, after investigation, submitted the charge sheet on 02­01­2017 against the aforementioned accused person u/s 33/38 Delhi Excise Act, 2009. Cognisance was taken vide. order dated 27­01­2017.

4. Charges u/s 33/38 Delhi Excise Act, 2009 were framed and read over to the accused, in Hindi, on 05­08­2017 to which she denied the incident and claimed to be tried.

9. In view of the above observations and discussion, this Court is of the considered opinion that the prosecution had failed to discharge its burden of proving its case against the accused. It is well settled that the burden which lies on the prosecution is to prove the case beyond all reasonable doubt and not merely on the preponderance of probabilities. The case of the prosecution must stand on its own two legs.

10. The accused Heena is hereby acquitted of the offence punishable under Section 33/38 of the Delhi Excise Act.