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State Vs. Deepak PS Kamla Market They took out two quarter bottles of the said liquor for sampling and rest of 153 quarter bottled were kept in a white colour cloth with the seal of "PRP". The seizure memo of the same exhibited as Ex. PWT/A, bearing his signature at point A. Thereafter, they arrested accused vide arrest memo, exhibited as Ex. PW1/B, bearing his signature at point A. they also conducted his personal search Ex. PW1/C, bearing his signature at point A. Thereafter, tehrir was prepared by the IO and it was handed over to him for the registration of the FIR. After registration of the FIR, he brought back the original tehrir and copy of the FIR handed over to the IO. He has correctly identified accused. MHC(M) also produced one photograph depicting a white colour Katta which was sealed marked as P-1/S. MHC(M) produced a copy of the order of destruction of the liquor by Asstt. Commissioner (Excise) vide Order NO. Con/Misc./2021/4408-09 dated 27.12.2021 marked as Mark-P1X. MHC(M) also brought the order of confiscation by the Asstt. Commissioner (Excise) vide order no. 16982/2019/2589 dated 17.07.20200, marked as Mark- P1Z. MHC(M) also brought one quarter bottle of "Santra Desi Sharab" with brand name of "Frost Falcon Distilleries" with the seal of "KM2".
7. PW-2 HC Vijay Kumar has deposed that on 03.07.2019, he was posted as Constable at PS Kamla Market. O that day, he was on patrolling duty at Hamdard Chowk, Asif Ali Road and Ramleela Ground. On that day at about 11:00 p.m, when he was present near Hamdard Chowk, one secret informer met him and informed him that one chowmein Rehriwala was selling illicit liquor which was kept in one yellow color plastic katta in front of Hamdard Chowk and can be apprehended with illicit liquor, if raided now. Thereafter, he went to the said spot i.e. front of Hamdard Chowk and check the said Rehri and illicit liquor (for sale in Haryana only) was found in possession of accused whose name on enquiry was revealed as Deepak. He apprehended accused. Thereafter, he informed about the incident to the Duty Officer, PS Kamla Market telephonically. After sometime, IO/ASI P P Patnayak along with Const. Lalit came at the spot. He handed over the custody of accused Deepak along with case property i.e., illicit liquor contained in plastic katta to the IO. IO State Vs. Deepak PS Kamla Market recorded his statement Ex.PW2/A bearing his signature at point A. IO requested to public persons to join the investigation but all of them refused and left the spot without disclosing their name and addresses. Due to paucity of time no notice was served upon them. Thereafter, IO checked the said katta and found 155 quarter bottles of Desi Sharab (for sale in Haryana only). Each quarter bottle was labeled Frost Falcon Distilleries Ltd. (for sale in Haryana only). IO took out two quarter bottles as sample from the abovesaid katta and kept the 153 quarter bottles in the same katta and sealed the mouth of the katta with the seal of 'PRP' and gave the katta serial no. 1A. IO sealed the mouth of two sample quarter bottles with the 'PRP' and gave them serial no. 1 and 2. IO seized the abovesaid case property vide Seizure memo Ex.PW1/A bearing his signature at point B. IO prepared the form-M29 at the spot. IO prepared the Tehrir / Rukka and handed over the same to Ct. Lalit for registration of FIR at about 12:15 am. Accordingly, Ct. Lalit went to PS got the FIR registered and came back to the spot and handed over the copy of FIR and original Rukka to the IO. Thereafter, IO prepared the Site Plan at his instance Ex.PW2/B bearing his signature at point A. IO arrested accused and carried out his personal search vide memos Ex.PW1/B and Ex. PW1/C both bearing his signature at point B. IO recorded the disclosure statement of the accused Ex.PW2/C bearing his signature at point A. Accused was taken to the LNJP hospital for medical examination and was later on, put behind the bars of the lockup of the PS and IO deposited the case property in the Malkhana. Thereafter, IO recorded his supplementary statement and he was discharged. He has correctly State Vs. Deepak PS Kamla Market identified accused. The case property was confiscated and destroyed as per the directions of the concerned ACP. The abovesaid confiscation and destruction orders Mark P1Z and Mark P1X. The photographs of the yellow plastic katta bearing the details of the present case marked as Mark P1/S. He has correctly identified one quarter bottle of Santra Desi Sharab with the brand name Frost Falcon Distilleries Ltd. (for sale in Haryana only) Ex.P1.
9. PW-3 SI P R Pattanaik has deposed that on 03.07.2019, he was on emergency duty and received DD no. 97A regarding the apprehension of a person with illicit liquor. Thereafter, Ct. Lalit Kumar went to the spot i.e., hamdard chowk, Asaf Ali road, Kamla market near Ram Lila ground. At the spot, he met with Ct.
State Vs. Deepak PS Kamla Market Vijay and he handed over the accused and case property to him. He checked the case property and found 155 quarter bottles of make Frost falcon Distelleries lions steel for sale in Haryana. He recorded the statement of the complainant Ex.PW-2/A bearing his signature at point B. He prepared the tehrir Ex.PW-3/A from point X to X1 bearing his signature at point A and handed over the same to Ct. Lalit for the registration of FIR. He took two quarter bottles for sample and sealed it with the seal of PRP. The remaining quarter bottles were kept in the same white plastic katta and also sealed it with the seal of PRP. The case property was seized vide memo Ex.PW-1/A bearing his signature at point A. After sometime, Ct. Lalit came back to the spot and handed over the copy of FIR and origianl tehrir him. He arrested the accused vide memo Ex.PW-1/B bearing his signature at point C. He conducted the personal search of the accused vide memo Ex.PW-1/C bearing his signature at point C. He recorded the disclosure statement of the accused Ex.PW-2/C bearing his signature at point B. He prepared the site plan at the instance of Ct. Vijay Ex.PW-2/B bearing his signature at point B. He also prepared M-29 form. He was transferred and he deposited the case file to MHC(R). He has correctly identified accused. It was observed that the destruction order, photographs and sample quarter bottles exhibited in the testimony of PW-1 and PW-2.
POSSIBILITY OF MISUSE OF SEAL OF THE INVESTIGATING OFFICER
24. As per the testimonies of the prosecution witnesses, the sample of liquor and case property were sealed by the investigating officer with the seal of PRP. No seal handing over memo was prepared. The seal in the present case was not handed over to any independent witness nor was it deposited in the malkhana to assail the possibility of its misuse. Thus, the State Vs. Deepak PS Kamla Market possibility that the case property may have been tampered with cannot be ruled out.