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1 - 8 of 8 (0.18 seconds)Pramod Kumar Singh vs The State Of Uttar Pradesh on 16 March, 2021
B. Because the Trial Court failed to appreciate facts and
records while passing the impugned orders filling the
Cr. Rev 333/2024 Pramod Kumar Vs. State page no. 2.of 11
present revision petition filed by the revisionist for
indulgence of this Hon'ble court for correcting illegality
and propriety in the impugned order the revisionist.
C. Because the impugned order of the Trial Court is
against the principles of natural justice as per law laid
down by High Court as well as Supreme Court as there is
no prima facie case is made out against the present
revisionist, despite that the charges were framed under
section 33/38/58 of Delhi Excise Act. Because no
incriminate article were recovered from the club. The
recovery of two empty bottles (NPDL) as alleged, no
offences provision Delhi Excise Act are not made out. As
per section 33 of The Delhi Excise Act, 2009 states that
penalty for unlawful, import, export, transport,
manufacture, possession, sale tec The revisionist was not
having any unlawful possession of those bottles and not
even the revisionist was involved any kind of import,
export, transport, manufacture, possession, sale etc.
Therefore, the revisionist cannot be charged under section
33 of Delhi Excise Act. Possession of Empty Bottles does
not constraint any offence, as the revisionist was not.
Section 38 in The Delhi Excise Act, 2009 [Entire Act]
Section 58 in The Delhi Excise Act, 2009 [Entire Act]
The Delhi Excise Act, 2009
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 133 in The Motor Vehicles Act, 1988 [Entire Act]
State Of Uttar Pradesh And Ors vs Dr. Anupam Gupta Etc on 13 February, 1992
1. This is a revision petition u/s 397 Cr.P.C. against impugned
orders dated 17.03.2023 and 17.07.2023 passed by the Court of Ld.
Metropolitan Magistrate-06/South East/Saket Courts, in Criminal case
No. 6149/2022 titled State Vs. Anuj Verma Etc., arising out of FIR
No. 484/2019 PS Kalkaji. The revisionist is one of the 03 persons
chargesheeted in the said FIR for the commission of offence
punishable u/s 33/38/58 Delhi Excise Act. Vide the order dated
17.03.2023, the Ld. Magistrate was pleased to observe that a prima
facie case was made out against the revisionist and other chargesheeted
accused persons u/s 33/38/58 Delhi Excise Act. Vide the order dated
17.07.2023, the Ld. Magistrate was pleased to frame a formal charge
against the revisionist and the others u/s 33/38/58 Delhi Excise Act.
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