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State Of U.P. & Ors vs Pawan Kumar Divedi & Ors on 2 September, 2014

2.4 PW-3 HC Rajender has stated that on 05.10.2016, he alongwith HC Noor Singh and Ct. Deepak left the PS at around 05.30 pm for patrolling duty in the beat area no.1 and during the patrolling duty at about 07.35 pm when they reached in front of Shop No. 179 DDA Market, Khyala, the accused namely Pawan Kumar was present there and having in his possession one plastic sack. On suspicion, the accused was stopped and asked about the sack but he did not reply and the said sack was checked and was found containing 68 quarter bottles bearing mark of Impact Grain Whisky for sale in Haryana only. Some passersby were requested to join the recovery proceedings but none agreed and they all left the spot without disclosing their names and addresses. Due to paucity of time, notice could not be served upon the said public persons. Out of the recovered 68 quarter bottles, one quarter bottle was taken out as sample which was moored with white cloth from bottleneck and sealed with the seal of NS. The sample was given serial no.1 A and the remaining 67 quarter bottles were put in the same sack and the same was moored from its face with white cloth and sealed with the seal of NS. The said sack was given serial no.1 and Form M-29 was filled by the IO. Seal after use was handed over to Ct. Deepak and thereafter, the recovered liquor was taken into possession vide seizure memo. Further, IO prepared rukka/ tehrir and the same was handed over to PW-3 for the registration of FIR and thereupon, he got the present FIR registered and returned at the spot with HC Suresh to whom the further investigation was entrusted. On his reaching at the spot, IO FIR No. 408/16 State Vs Pawan Kumar U/s 33/38 Delhi Excise Act 6 HC Noor singh handed over the recovered liquor in sealed condition with seizure memos and other documents to him. Then HC Suresh had prepared the site plan and thereafter, the disclosure statement of the accused was recorded and the accused was arrested and personally searched. After completion of the aforementioned proceedings, the accused alongwith case property were taken to PS where the accused was put behind the bars after getting his medical examination and the case property was deposited by the IO with MHC (M). The statement of PW-3 u/s 161 CrPC was recorded.
Supreme Court of India Cites 34 - Cited by 219 - R M Lodha - Full Document
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