YASHPAL Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard Shri Ankit Agarwal, holding brief of Shri Dharmendra Singhal, learned counsel for the revisionist and learned Additional Government Advocate and perused the record of the case.

(2.) This criminal revision has been filed against the order dated 16.9.2010 passed by the Additional Sessions Judge, Deoband, district Saharanpur in ST No. 147 of 2010 arising out of case crime No. 692 of 2009 whereby the application moved by the accused-revisionist for discharge under sections 272, 273 IPC and 60/62 of the Excise Act has been rejected and charages were framed against the revisionist under sections 272, 273 IPC and 60 of the Excise Act. However, the learned Judge discharged the accused-revisionist under section 62 of the Excise Act.

(3.) In brief, the facts of the case as set out in the FIR lodged by SSI Sri Suresh Babu Itoria on 15.9.2009 at 4.10 P.M. at case crime No. 692 of 2009 are that on an information, the police party headed by him arrested the revisionist Yashpal along with five other accused persons. From the possession of the revisionist a plastic cane containing 50 litres of liquor was recovered, which was smelling like rectified adulterated liquor. After taking the sample, the liquor was sealed.