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1 - 10 of 14 (0.43 seconds)Section 33 in The Delhi Excise Act, 2009 [Entire Act]
Section 38 in The Delhi Excise Act, 2009 [Entire Act]
Anoop Kumar Joshi vs The State Of Delhi on 12 January, 2017
16. In the present case, as per prosecution witnesses, public persons were asked to join the investigation, but none of them agreed. However, admittedly no written notice was served upon them to join the proceedings in the present case or to face action u/sec. 187 IPC. The reasons cited by witness i.e. paucity of time does not disclose any good ground to be entertained since as per prosecution itself, the appellant as well as the case property was already in custody of the investigating team and therefore latter had sufficient time to join the independent witnesses before formal seizure of same. Therefore, it is clear that sincere efforts were not made to join the independent witnesses despite their availability which causes a serious dent in the story of the prosecution. The reliance is placed on Anoop Joshi Vs. State 1992 (2) C.C. Cases 314 (HC), Roop Chand Vs. The State of Haryana 199 (1) C.L.R. 69 and Sadhu Singh Vs. State of Punjab 1997 (3) Crime 55.
Sadhu Singh(D) By Lrs. Etc. Etc. vs The State Of Punjab on 31 March, 2022
16. In the present case, as per prosecution witnesses, public persons were asked to join the investigation, but none of them agreed. However, admittedly no written notice was served upon them to join the proceedings in the present case or to face action u/sec. 187 IPC. The reasons cited by witness i.e. paucity of time does not disclose any good ground to be entertained since as per prosecution itself, the appellant as well as the case property was already in custody of the investigating team and therefore latter had sufficient time to join the independent witnesses before formal seizure of same. Therefore, it is clear that sincere efforts were not made to join the independent witnesses despite their availability which causes a serious dent in the story of the prosecution. The reliance is placed on Anoop Joshi Vs. State 1992 (2) C.C. Cases 314 (HC), Roop Chand Vs. The State of Haryana 199 (1) C.L.R. 69 and Sadhu Singh Vs. State of Punjab 1997 (3) Crime 55.
Rattan Lal vs State Of Punjab on 10 April, 1964
Giri Raj Singh Meena vs State (Nct Of Delhi) on 20 January, 2014
18. As per the prosecution case, seizure memo Ex. PW1/C was prepared before the preparation of the Rukka. However, the said document contains the number of FIR which shows serious infirmity in the case of prosecution as either the number of the FIR was inserted later on or that it was prepared before the time it is shown to have been prepared. Be that as it may the same creates a reasonable doubt in the story of prosecution. The reliance is placed on the judgment of Giri Raj Vs. State 83 (2000) DLT 201, Mohd. Hashim, Appellant Vs. State, 2000 CRI.L.J. 1510, Pawan Kumar Vs. Delhi Administration, 1987 CCC 585 and Mewa Ram Vs. State 2000 CRI.L.J. 114.