LAKHVINDER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall govern the disposal of this appeal filed by the appellants under-Section 374 of Criminal Procedure Code, 1973 against the judgment dated 08.03.2019 of conviction and sentence, whereby the appellants have been convicted and sentenced as under:-

(2.) The prosecution story in short is that on 18.09.2017 at around 10:30 pm, an information was received at police- sub-station, Balsamund, which comes under the jurisdiction of Police Station-Nagalwadi, District-Barwani regarding a Trawler bearing registration No.HR-68-A-2975 carrying illegal foreign liquor from AB Road, Khalghat towards Dhulia, Maharashtra. Sub-Inspector-Mr. Santosh Sanvale recorded the information in Rojnamcha and proceeded to the spot along with police personnel and independent witnesses who were apprised about the information received and Trawler which arrived after sometime was intercepted. The driver disclosed his name as Lakhvinder Singh (appellant No.1) and the Cleaner discloses his name as Vicky @ Vikram (appellant No.2). Both declared that they were carrying the Apples and Peers (fruits) and showed them transit pass (Bilty). They produced registration card of the vehicle showing the owner to be Jasbir Singh and also national permit and other documents. However, when the boxes allegedly carrying fruits were opened up, it was found that instead of fruits, they were containing foreign liquor which was Imperial Blue Whiskey and Royal Stag Whiskey. No documents in respect of possessing the liquor was provided by the appellants. The liquor boxes was unloaded and there were 314 boxes which contained 2826 litres of Imperial Blue Whiskey valued at Rs.15,26,040/-, 339 identical boxes of same brand Whiskey-Royal Stag Whiskey valued at Rs.17,41,104/- and 265 boxes of Delux Whiskey, quantity 2385 litres valued at Rs.14,31,000/-. Further, 93 boxes of Identical Royal Stag Whiskey, quantity-803 litres valued at Rs.5,17,824/-, total 101 boxes with quantity of 8942 bulk litres valued at Rs.52,15,968/-. Offence under Sections 420, 467, 468 of Indian Penal Code, 1860 along with Section 34(2)(A) of MP Excise Act, 1915 was registered against the appellants.

(3.) Fir was registered against the appellants at Police Sub-Station-Balsamund, as Crime No.246/2017 in PoliceStation-Nagalwadi, District-Barwani (MP). Samples of liquor were sent to chemical analysis and after investigation, charge-sheet was filed to the Court of Chief Judicial Magistrate, Barwani who committed the case to the Sessions Judge, Barwani.