PARWEJ ALAM Vs. STATE OF CG

JUDGEMENT

(1.) THIS revision is finally heard today at the stage of admission. It is directed against the judgment dated 21.3.2006 passed by 12th Additional Sessions Judge, (F.T.C.), Durg in Criminal Appeal Number - 394/ 2004 whereby the conviction of the applicant under Section - 34(a) of Chhattisgarh Excise Act was maintained, while reducing the sentence awarded by the trial Judge to the sentence already undergone by the applicant and fine of Rs. 25,000/- and in default of payment of fine to undergo simple imprisonment for 3 months was awarded. Brief facts are that on 21 -6-2001 upon receiving secret information Sub Inspector K.R. Kanwar PW-6 seized 384 quarters of Goa Special Whisky Kept in 8 cartons from the possession of the applicant at Gautam Nager, Near Sulabh, P.S. Supela. The seized liquor was sent for analysis to the Excise Sub Inspector Lav Kumar Mishra, PW-5 who opined that the seized liquor was foreign liquor. After completion of investigation, the applicant was prosecuted under Section 34(a) of Chhattisgarh Excise Act. Shri Arum Kochar, learned counsel for the applicant has assailed the conviction of applicant on the ground that the prosecution has not led any cogent evidence to establish that the liquor was seized from the conscious possession of the applicant. There was no material to show that after affecting the seizure, the liquor was sealed. It was also admitted by the investigating Officer K.R. Kanwar Sub Inspector PW-6 that seized liquor was not produced before that trial Court.

(2.) ON these premises, it was contended that the conviction of the applicant for the offences under Section 34(a) of Chhattisgarh Excise Act and the sentence awarded thereunder are liable to be set aside. On the other hand, Shri Ashish Shukla, learned Govt. Advocate has argued in support of the impugned judgment. Having considered rival submission. I have perused the record. In my considered opinion, this Revision deserves to be allowed for the following reasons: