ABHA TYAGI Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner aggrieved from the order of framing the charges dated 21. 10. 1998 by the metropolitan Magistrate New Delhi as well as against the order dated 26. 04. 2001 passed in Crl. Rev. No. 17/99 by the Addl. Sessions Judge new Delhi whereby the revision petition filed by the petitioner against the order framing the charge was dismissed.

(2.) BRIEFLY stating the facts which gave rise to the filing of this petition are that an FIR was registered on 20. 02. 96 on the basis of a written complaint made by Shri P C Sharma, DSP, CBI against C. S. Kherwal on the basis of which premises No. 34, Gautam Apartments, sfs Flats, Gautam Nagar, New Delhi was searched on 18/19. 2. 96 in connection with the investigation of disproportionate assets against c. S. Kherwal. During the search, whisky approximately 14. 925 ml. of foreign brands were recovered contained in 20 bottles, and as per the search memos, revisionist and her sister Chitra and Sushma Tyagi were also staying in the same premises, at the time of alleged recovery.

(3.) AFTER a charge-sheet was filed against the petitioner and against one C. S. Kherwal, the Trial Court after hearing the parties and taking into consideration the case of the petitioner that since 4 persons were residing in the house as per the ration card and that she was residing there as the tenant while the house was in the name of Smt. Kapoori devi, rejected the submission that since 12 bottles were permissible and only 17 bottles were recovered from the joint possession of 4 persons no offence under Section 61/1/14 of Excise Act was disclosed and directed framing of charges against the petitioner also under section 61/1/14 of the Excise Act. At that time the submission of the petitioner that the joint possession of 4 persons cannot bring home the liability against the petitioner alone it was held that it would be a question which requires going through the evidence.