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1. The accused Subham is facing trial for offence U/S 33 of Delhi Excise Act and offence u/s 483/411 IPC with the allegations that on 04.06.2022 at about 09:00 PM at near MCD School, Palam Village, New Delhi within the jurisdiction of PS Palam Village, the accused Subham was found driving one car bearing No. HR 26AP 7856 carrying of Oasis Nips 50 X180 ML containing 50 quarter bottles of illicit liquor having cash Santra for sale in Haryana only, without any permit or license from Govt. of NCT of Delhi. Further, on the aforesaid date, time and place he counterfeited a property mark i.e. Number plate of Santro Car from DL 7CE 7382 to HR 26AP 7856 which was used by him in the aforesaid incident and the said car was found stolen in case FIR NO. 76/22 dt. 21.02.2022 u/s 379 IPC PS City Bahadur Garh, Jhajhar, Haryana, which he either received or retained knowingly or having reason to believe that the same are stolen property and thereby he committed an offence punishable u/s 483 & 411 IPC. The criminal law was set into motion by registration of FIR against the accused persons and investigation into the case began. After completion of the investigation, the present charge­sheet was filed for conducting trial of the accused persons for the alleged offence.

2. After taking cognizance of the offence, the copies of charge­sheet was supplied to the accused persons in compliance of section 207 Cr.P.C. The arguments on charges were heard and charge for offence U/S 33 Delhi Excise Act and 483/411 IPC was framed against accused Subham on 21.03.2024. The accused persons pleaded not guilty and claimed trial. Thereafter, prosecution evidence was led. 

     FIR No. 253/2022                                              St. Vs. Subham


                                                            SAURABH SAURABH GOYAL
                                                            GOYAL   Date: 2024.12.12
                                                                    14:47:38 +0530

5. Ld. APP for the State has argued that prosecution witnesses have supported the prosecution case and their testimony has remained unrebutted. It has been further argued that on the combined reading of the testimony of all the prosecution witnesses, offence U/S 33 of Delhi Excise Act and 483/411 IPC has been proved beyond doubt.

6. Per contra, Ld. Counsel for accused persons has stated that there is no legally sustainable evidence against the accused persons and that the accused persons have been falsely implicated by the police officials and even recovery of illicit liquor has not been proved from the possession of accused persons as no public witnesses were joined by the police officials during investigation and recovery proceedings. It is further argued that due to the lacunae and incoherency in the story of the prosecution, the accused persons be given the benefit of doubt and are therefore, entitled to be acquitted.

30. Since, the recovery of liquor from the accused person is doubtful and the prosecution is unable to satisfactorily account for the possession of the intoxicant upon the accused persons, the story of the prosecution that the vehicle in question was used for carrying the intoxicant is also doubtful and therefore, the evidence regarding seizure of Santro Car bearing No. DL7CE7382 having false property mark of HR 26 AP 7856 can not be relied upon. At the same time the Santro car in question was stolen in FIR NO,. 76/22, PS City Bahadur Garh, Jhajjar Haryana, prosecuting the accused u/s 483/411 IPC would amount to double jeopardy and is prohibited in terms of section 300 of the CrPC. Accordingly, the accused Subham stands acquitted for the offence u/s 483/411 IPC as well. Digitally signed by SAURABH SAURABH GOYAL GOYAL Date: 2024.12.12 14:49:02 +0530 FIR No. 253/2022 St. Vs. Subham