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Showing contexts for: delhi excise act section 38 in State vs Samita on 18 February, 2025Matching Fragments
1.2. After completion of investigation, chargesheet was filed on 19.10.2020 indicting the accused for commission of the offence U/s 33/38 of Delhi Excise Act, 2009. Ld. Predecessor took cognizance and issued summons to the accused on 19.10.2020. Copy of the chargesheet in compliance with Section 207 CrPC was supplied on 15.09.2021.
1.3. Charge for the offence U/s 33/38 of Delhi Excise Act, 2009 was framed against the accused on 23.12.2021 to which she pleaded not guilty and claimed trial. On 14.02.2023, proceedings u/s 294 CrPC were conducted wherein the accused admitted the DD No.48 A dated 08.11.2019 and Excise result dated 06.12.2019.
FIR No.390/2019 State Vs Samita U/s 33/38 Delhi Excise Act 2
2. MATERIAL EVIDENCE IN BRIEF:
2.1 The prosecution, in support of its case, has examined 05 witnesses in total, the details whereof along with documents exhibited thereby are given as under:
S. No. Name of Documents Dates of Dates of
Prosecution Exhibited in examination-in- cross-
witnesses Evidence. chief. examination
PW-1 W/Ct. Kranta (i) Seizure 30.05.2022 30.05.2022
memo -
Ex.PW1/A
(ii) Case
property -
Ex.P2
PW-2 Ct. Virender (i) Recording 30.05.2022 30.05.2022
Kumar of statement
of PW-2 -
Ex.PW2/A
PW-3 HC Harphool (i) DD entry 14.02.2023 14.02.2023
no.18 -
Ex.PW3/A
(OSR)
PW-4 Retired SI (i) Copy of 14.02.2023 14.02.2023
Shanti Swaroop FIR -
Ex.PW4/A
(OSR)
(ii) Certificate
u/s 65 B of
IEA -
FIR No.390/2019 State Vs Samita U/s 33/38 Delhi Excise Act 3
Ex.PW4/B
(OSR)
(iii)
Endorsement
i.e. DD No.43
A-
Ex.PW4/C
PW-5 ASI (I) Form 10.04.2024 10.04.2024
Dharamvir M-29 -
Yadav Ex.PW5/A
(ii) Site plan -
Ex.PW5/B
(iii)
Disclosure
statement of
accused -
Ex.PW5/C
(iv)Notice u/s
41A CrPC -
Ex.PW5/D
(v) Record
qua
confiscation
and
destruction
order
alongwith
report dated
08.07.2020
and certificate
with the
photograph -
FIR No.390/2019 State Vs Samita U/s 33/38 Delhi Excise Act 4
Ex.P1 (colly)
2.2 PW-1 was W/Ct. Kranta who deposed that on 08.11.2019 she was
FIR No.390/2019 State Vs Samita U/s 33/38 Delhi Excise Act 9
4. ARGUMENTS:
4.1 Ld. APP for the State has argued that the accused person was apprehended with the case property which was recovered from her and on a combined reading of prosecution witnesses' testimony, offence under section 33/38 of Delhi Excise Act, 2009 stand proved beyond reasonable doubt, against the accused person.
4.2 On the other hand, Ld. Counsel for the accused person has argued that there is no legally admissible evidence against the accused person and that the accused person has been falsely implicated in the present case. He submitted that no videography, photography, examination of any public witness was done despite the recovery being conducted in a thickly populated area. He argued thus that prosecution has failed to prove the case against the accused person beyond reasonable doubt and hence, the accused person is entitled to be acquitted.
5. APPRECIATION OF EVIDENCE AND FINDINGS ON MERITS:
5.1 In the present case, the accused person has been charged with the offence U/s 33/38 Delhi Excise Act, for being found in possession of illicit liquor without any licence, permit or pass, and in contravention of the notification issued by the Delhi Government.
5.2 Section 33 of Delhi Excise Act, 2009 states that:
'whoever, in contravention of provisions of this Act or of any rule or order made or notification issued or of any licence, permit or pass, granted FIR No.390/2019 State Vs Samita U/s 33/38 Delhi Excise Act 10 under this Act- (a) manufactures, imports, exports, transports or removes any intoxicant; (b) constructs or works any manufactory or warehouse; (c) bottles any liquor for purposes of sale; (d) uses, keeps or has in his possession any material, still, utensil, implement or apparatus, whatsoever, for the purpose of manufacturing any intoxicant other than toddy or tari; (e) possesses any material or film either with or without the government logo or logo of any State or wrapper or any other thing in which liquor can be packed or any apparatus or implement or machine for the purpose of packing liquor; (f) sells any intoxicant, collects, possesses or buys any intoxicant beyond the prescribed quantity, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years with fine, which shall not be less than fifty thousand rupees which may extend to one lakh rupees'.