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BRIEF STATEMENT OF THE REASONS FOR THE DECISION:

10. In the present case, the accused person has been charged with the offence punishable under section 33 read with 38 of the act.

11. The accused had admitted DD No. 2A as Ex. P-3, DD No. 50B as Ex. P-4, Excise test result dated 03.02.2020 as Ex. P-5, in his statement u/s 294 of the Cr.P.C. The same stands proved accordingly.

12. Neither any document establishing the departure or the arrival entry of the police officials who allegedly found the accused person with the illicit liquor on the spot has been placed on record by the prosecution, nor is any form of explanation for these lacunae furnished by the prosecution. This creates doubt regarding his presence at the spot and makes the prosecution version suspicious. Reliance is placed on the decision of the Hon'ble High Court of Delhi cited as Rattan Lal vs. State, 1987 (2) Crimes 29.

18. Accordingly, this Court hereby accords the benefit of doubt to the accused person and holds the accused person not guilty of the commission of the said offences. Consequently, the accused Vinod S/o Sh. Harbans is acquitted of the offence punishable under sections 33/38 of the act.

Digitally
                                                     signed by
                                                     GAURAV
                                         GAURAV SINGAL
Pronounced in the open                  (GAURAV
                                         SINGAL SINGAL)
                                                     Date:
Court on 25.04.2026               JMFC-06 (West), Tis2026.04.25
                                                      Hazari Courts
                                                     17:19:47
                                                Delhi+0530
                  This judgment contains 18 signed pages.




State Vs. Vinod                   FIR No. 445/19                17 of 18
                                                                       ANNEXURE #
Prosecution Name of Witness                         Description
Witnesses.

PW-1              SI Pardeep                        IO of the case.
PW-2              Ct. Pawan                         Along with the complainant.
PW-3              HC Sanjay                         Complainant of the case.


Exhibit           Description of                    The Witness who proved
No.               Document                          or attested the document

1                 FIR No. 445/19                  admitted U/s 294 Cr.P.C Ex. P-1.

2.                DD No. 50B                      admitted U/s 294 Cr.P.C Ex. P-4.

3.                DD No. 2A                       admitted U/s 294 Cr.P.C Ex. P-3.

4.                Certificate U/s 65B             admitted U/s 294 Cr.P.C Ex. P-2.

5.                Excise Result                   admitted U/s 294 Cr.P.C Ex. P-5.
6.                Site Plan                                         PW-1
7.                Seizure memo                                      PW-1
8.                Form M29                                          PW-1
9.                Disclosure                                        PW-1