SAROJ JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned Additional Government Advocate.

(2.) THE applicant was apprehended at about 7.45 AM on 8.4.2010 in village Sirihari selling illicit liquor. One gallon containing 9 lts. of illicit country made liquor and one plastic bag containing 22 pouches of country made liquor were recovered from the applicant. In the said bag some chemical powder and 1/2 kg urea was also found from the possession of the applicant. The applicant confessed that she has purchased the said liquor from one Bhagwat Singh and Rajesh Singh and stated that in order to increase the intoxication, she used to add the powder of diazapam and urea. The case was registered against the applicant under sections 272/273 IPC, 60 Excise Act and 8/22 of NDPS Act at police station Kapsethi, district Varanasi.

(3.) IT is further argued that no independent witnesses have supported the recovery and the prosecution version. The applicant was actually present in her Maika and that she was falsely implicated in the present case.