S SWAMINATHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) The 3 captioned revision petitions lay a challenge to the order dated 2.5.2001 passed by Shri Rakesh Kapoor, Additional Sessions Judge, Delhi and the consequential order dated 21.7.2001 passed by the learned Metropolitan Magistrate framing charges against the petitioners.

(2.) Vide order dated 2.5.2001, learned Additional Sessions Judge, Delhi has partially allowed a revision filed by the State against the order dated 16.11.2000 passed by the learned Metropolitan Magistrate where-under learned Metropolitan Magistrate did not frame charges against the petitioners under Section 420 and Section 120-B IPC. The learned Metropolitan Magistrate had framed a charge against the petitioners only for the alleged offence under Section 68 of the Punjab Excise Act.

(3.) Briefly stated case of the prosecution was that M/s.G.M.Breweries Ltd. (hereinafter called the company) was a wholesale licensee for supply of whisky and rum. That the company was granted a licence to sell 3 brands of whisky and a brand of rum. That seeking renewal of the licence for the ensuing year, wrong sale figures were provided by the company for the year 1993-94. It was alleged that for the year 1993-94, the company falsely stated that it had sold 65700 cases of Reporters Ch. Whisky, 64100 cases of Target Whisky and 32000 cases of Hotshot Rum. According to the prosecution the company has resorted to fabrication of record pertaining to the alleged sales. That by resorting to deception, the company had managed to obtain from the excise department the L-1 licence for the ensuing year and pursuant thereto had effected sale of liquor in Delhi.