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5. PW1 HC Ramesh Chand deposed that on 06.02.2012, he along with HC Ved Prakash and Ct. Nihal Singh was present in the market of South Ex-II. At about 9:30 pm, they got an information that illicit liquor for sale in Haryana only was being served in the Double Decker Bar and Restaurant, E-3, South Ex. Part-II. At the same time, they met with HC Jai Pal, Ct. Kehar Singh, Ct. Rakesh and Ct. Ravi Kumar, who told them that the same information had been received by them as well. HC Jai Pal prepared a raiding party. They asked 4-5 public persons to joined the investigation but no one joined. At about 9:40 pm, they reached at the 3 rd floor of above said restaurant. HC Ved Praksh, Ct. Nihal and others were sent to 4th floor. PW1 along with HC Jai Pal and Ct. Kehar Singh was searching at 3rd floor, where they met with accused Mandeep at the counter of the bar. There, different kind of bottles of liquor were kept on which "Sale in Haryana only" was written. HC Jai Pal and PW1 searched the store room where they found different kind of boxes of beer bottles. Thereafter, HC Jai Pal reached at 4th floor and PW1 stayed at 3rd floor. HC Jai Pal, HC Ved and Ct. Nihal brought many illicit liquors from the 4 th floor to the 3rd floor. HC Jai Pal took the sample of each brand and made the seizure memo of all illicit liquors vide Ex PW1/A and also made a separate seizure memo of recovery of illicit liquors at the 3 rd floor vide seizure memo Ex PW1/B. Thereafter, HC Jai Pal prepared rukka and also sealed all the illicit liquors with the seal of JP. M-29 Form was also filled by HC Jai Pal. Thereafter, at about 1:30 am, HC Jai Pal sent Ct. Kehar State vs. Mandeep Singh etc. Singh with rukka to lodge FIR in the PS. Thereafter, Kehar Singh returned with copy of FIR and original rukka. Thereafter, they arrested accused Mandeep vide Ex PW1/C and also made personal search of the accused vide Ex PW1/D. Thereafter, HC Jai Pal came to the PS and handed over the illicit liquors to the Malkhana. PW1 correctly identified both the accused persons. The MHC(M), Hauz Khas produced the case property i.e 6 kattas of illicit liquor sealed with the seal of JP and that kattas were containing boxes but neither the boxes nor the bottles were found sealed in the kattas. The witness was duly cross-examined by the Ld. Defence Counsel.

7. PW3 Sh. Brijender Singh, Retired Chemical Examiner proved his report bearing No. ECL/SZD, No. 3447 to 3490 dated 21.03.2012 vide Ex PW3/A qua the sample bottles received in his Department on 06.03.2012.

State vs. Mandeep Singh etc.

8. PW4 ASI Kehar Singh deposed that on 06.02.2012, he along with IO HC Jai Pal, Ct Rakesh, Ct Ravi and Ct Hazari Lal were on beat patrolling duty in the area of South Extension Part II. During patrolling, at about 9:30 pm, one secret informer met the IO and shared an information regarding selling of illicit liquor at Double Decker Bar/Restaurant without valid licence. In the meantime, Ct Nihal, HC Ved Prakash and HC Ramesh from Excise Department also reached there as they also had the same information. Thereafter, IO shared the information with the SHO concerned. Thereafter, IO constituted raiding team including PW4 and above mentioned officials. Thereafter, at about 9:40 pm, PW4 along with HC Jai Pal, HC Ramesh and Ct Ravi went to the Double Decker Restaurant at E3, third floor, South Extension Part II. Thereafter, HC Ved Prakash, Ct Nihal and Ct Rakesh went to the fourth floor of said building. When they reached at 3 rd Floor, they met accused Mandeep and found that various kinds of liquor were found in unsealed condition at the counter of the said restaurant. Out of them, one bottle of Teacher whisky for sale in Haryana only and four bottles of Teacher whisky for sale in Delhi only, one bottle of Vodka for sale in Delhi only, two bottles of 100 Piper for sale in Delhi only and one bottle of Blender Pride for sale in Delhi only were found. Thereafter, they also checked the store room of said restaurant and found 42 bottles of Royal Estate Whisky for sale in Haryana only in four gatta pettis and 13 pettis of Beer of different brands for sale in Haryana only. IO took samples from the above mentioned illicit liquor and sealed them with the seal of JP and remaining case properties were also sealed with the same. Thereafter, the same was seized. Thereafter, they went to 4 th floor of said building where illicit liquor were also recovered by the other member of raiding team which State vs. Mandeep Singh etc. were sealed and seized by the IO. After sealing the case property, the seal was handed over to PW4. Thereafter, IO prepared tehrir and got the FIR registered through PW4. After registration of FIR, PW4 came back to the spot and handed over the copy of FIR and original rukka to IO. IO interrogated accused Mandeep and after interrogation, he arrested him and conducted his personal search. PW4 correctly identified accused Mandeep. The MHC(M) produced the case property i.e. samples of illicit liquor with court seal. After opening of the pullanda, one packed bottle of Sula Brut 750 ml, one packed bottle of Aristocrat Gin, one packed bottle of Blender Pride whisky, one packed bottle of Hercules white rum, one packed bottle of Royal Stag whisky for sale in Haryana only, one packed bottle of Bacardi original premium rum for sale in Haryana only, one packed bottle of Romanov vodka for sale in Haryana only, one packed bottle of Corona Beer, one packed bottle of Budiveiser beer (330 ml), one packed bottle of Breezer beer (275 ml), one packed bottle of Kingfisher beer (330 ml), one packed bottle of Turbog, one packed bottle of Breezer (275 ml) and one packed bottle of Breezer (275 ml) were taken out which were total 14 bottles in number and the witness correctly identified the same. The witness was duly cross-examined by the Ld. Defence Counsel.

10. PW6 SI Jaipal deposed that on 06.02.2012, he along with Ct Kehar singh, Ct Hazari, Ct Rakesh and Ct Ravi was on beat patrolling duty in South Extension Part II. At about 9:30 pm, a secret informer informed him regarding service of illicit liquor (Haryana brand) in Double Decker restaurant, E-3, South Extension without having any licence. In the meantime, HC Ramesh, HC Ved Prakash and Ct Nihal from Excise Department also reached there as they were also having the same information. Thereafter, PW6 shared the information with PS Hauz Khas and the SHO directed him to take appropriate action. Thereafter, PW6 requested 2-3 persons to join the investigation, however, nobody agreed and they left the spot without disclosing their details. No notice was served upon them due to paucity of time. Thereafter, PW6 prepared raiding party consisting himself along with Ct Kehar Singh, Ct Hazari, Ct Rakesh, Ct Ravi, HC Ramesh, HC Ved Prakash and Ct Nihal. Thereafter, they reached at Double Decker restaurant on 3 rd floor and 4th floor, E3, South Extension Part II. HC Ved Prakas, Ct Nihal and Ct Rakesh conducted raid on 4th floor and PW6 along with other staff raided on 3rd floor. PW6 along with other staff entered the restaurant on 3 rd floor and one person, namely, Mandeep met on the bar/reception counter, where 12 different brands of illicit liquor were placed. Thereafter, PW6 went to 4th floor, where he met Anoop on the bar counter and there 11 bottles of different brands of illicit liquor were placed. Thereafter, PW6 searched both the floors. PW6 found 5 petti of Kingfisher beer (330 ml) having 24 cans in each petti, 2 petti of Turbo beer can (330 ml) having 24 can in each petti, 2 petti of Budweiser beer (330 ml) having 24 can in State vs. Mandeep Singh etc. each petti, 1 petti of Corona beer (330 ml) having 24 cans, 1 petti of Cranberry Orange beer (330 ml) having 24 cans, 1 petti of Cranberry Jasmine beer (330 ml) having 24 cans, 1 petti of Blender Pride Whisky (750 ml) having 12 bottles for sale in Haryana only, 1 petti of Teacher Whisky (750 ml) having 12 bottles for sale in Haryana only, 1 petti of Royal Stag Whisky (750 ml) having 12 bottles for sale in Haryana only, 1 petti of Sella Bright Whisky (750 ml) having 12 bottles for sale in Haryana only, 3 bottles of Bacardi Whisky (750 ml) for sale in Haryana only, 2 bottles of Old Monk rum (750 ml) for sale in Haryana only and 8 other bottles of different brands which were for sale in Haryana only from the room which was situated near the counter of the said restaurant on 3 rd floor. Thereafter, PW6 took one bottle as sample of all brands and sealed the same with the seal of JP. Thereafter, PW6 inquired from both accused persons regarding the licence for selling the aforesaid liquors and they failed to produce any licence and any satisfactory answer. Thereafter, PW6 prepared pullanda of all recovered illicit liquor from 3 rd and 4th floor and sealed the same with the seal of JP. After sealing the case property, the seal was handed over to Ct Kehar Singh. Thereafter, the case property was taken into police possession. Separate seizure memos were prepared regarding recovered liquors from the room and counters of 3 rd and 4th floors. PW6 also filled Form M29. Thereafter, PW6 prepared rukka vide Ex PW6/A and got the FIR registered through Ct Kehar Singh. After registration of FIR, Ct Kehar Singh reached at the spot and handed over to PW6 the copy of FIR and original rukka. Thereafter, PW6 prepared site plan vide Ex PW6/B. After interrogation, PW6 arrested accused Mandeep and Anoop and conducted their personal search. During interrogation, accused Mandeep disclosed that he was the owner of the Double Decker State vs. Mandeep Singh etc. Restaurant and he had taken the premises on rent and he also produced documents regarding the same which were marked as Mark 6A. Thereafter, the case property was deposited into Malkhana. After medical examination, accused persons were kept behind bar. During the course of investigation, PW6 recorded statements of witnesses and sent the sample to the Excise Laboratory and got result on the same. After completing investigation, PW6 prepared charge sheet and filed it in the court. PW6 correctly identified the accused persons. The witness was duly cross- examined by the Ld. Defence Counsel.

29. It is trite in criminal jurisprudence that the prosecution is under an obligation to prove its case against the accused persons beyond reasonable doubt. The standard of proof to be adopted in criminal cases is not merely of preponderance of probabilities but proof beyond reasonable doubt on the basis of cogent, convincing and reliable evidence. It is also well settled that in case of doubt, the benefit must necessarily be allowed State vs. Mandeep Singh etc. to the accused persons.

30. Thus, in view of the foregoing analysis, this Court is of the considered opinion that the benefit of doubt ought to be granted to the accused persons, who are entitled to be exonerated of the charges against them in the present case. Accordingly, accused Mandeep Singh and Anoop Kumar are hereby acquitted of the offence punishable under Section 33 of the Delhi Excise Act. Case property be confiscated by the State as per rules.