State vs Manoj on 31 October, 2023
8. PW1 Ct. Rakesh is the complainant and he deposed that on 30.10.2020,
while he was on beat patrolling duty, at about 7:15 PM when he reached near
H.No. RZ199, Raj Nagar II, Palam Colony, he found one person carrying one
white plastic bag passing through the said lane and he stopped him on suspicion
and asked about the contents of katta but he did not gave any satisfactory reply
and then, he checked the katta and it was found containing illicit liqour. That
person upon inquiry revealed his name as Manoj. Thereafter, he shared the said
information with concerned Duty Officer pursuant to which IO HC Ravinder
Singh came to the spot and then he handed over, the custody of accused with
case property to IO. Thereafter, IO checked the white katta and it was found
containing 48 half bottle of Asli Santra Desi Masaledar Sharab for sale in
Haryana only, 375 ML each. Then, one half bottle was taken out as sample
bottle and it's mouth was tied with white cloth which was further sealed with
seal of RS and it was marked as S1 and remaining 47 half bottles were kept in
the same katta and its mouth was tied with white cloth and it was also sealed
with seal of RS and it was given serial no. A1. Then, IO filled Form M29 i.e.
FIR No.653 /2020
St. Vs. Manoj
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Ex. P3 at the spot and seized the case property vide seizure memo Ex. PW1/A
and the seal was handed over to this witness. Then, IO recorded statement of
this witness Ex. PW1/B, prepared rukka Ex. PW2/A on the basis of the same
and handed over it to the witness for registration of FIR. Thereafter, this witness
went to the PS and after getting the FIR registered, returned to the spot and
handed over the copy of the FIR & Rukka to IO. Thereafter, the IO prepared the
site plan Ex. PW1/C. Thereafter, IO arrested the accused vide arrest memo Ex.
PW1/D and conducted his personal search vide personal search memo Ex. PW
1/E and IO also recorded his disclosure statement Ex. PW1/F. This witness also
stated that IO also recorded his supplementary statement U/S 161 Cr.P.C. This
witness also correctly identified the accused. The case property was not
produced in the court as it was destroyed vide order of Excise Commissioner
Ex. PX1 and entry regarding destruction of case property in question is
mentioned at serial no. 17 in that order.