HARVINDER PAL SINGLA Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) THE petitioner has been booked in FIR No. 153 dated 25.7.2001 at Police Station Sector 31, Chandigarh, for offence under Sections 16/1/14 of Excise Act and Sections 467/468/471/120-B IPC and Section 63 of Copy Right Act.

(2.) BRIEFLY stated, the facts are that Sukhwinder Singh, ASI, received a telephonic message on the night intervening 24/25.7.2001 in the Police Station from the control room that an oil tanker in plot No. 182/68, Industrial Area, Phase I, had caught fire. Accordingly, he alongwith other police officials went to the spot but nobody was found present there. The fire was extinguished by the officials of the fire brigade and left the place after extinguishing the fire. The ASI inspected the spot and found that illicit liquor in huge quantity was lying in pouches in various plastic bags. He summoned Ranbir Singh, Head Constable, Kitab Ram, Constable No. 252 and Constable Darshan Lal No. 595 at the spot for verification. On verification, it was found that there were 8 bags containing pouches of liquor, each containing 950 plastic pouches and each pouch contained 750 ml. of liquor, 5 plastic bags each containing 100 pouches of the capacity of 375 ml. of liquor, 7 bags, each containing 200 pouches of liquor, each containing 180 ml. of liquor make 'Hero', 14 plastic bags, each bag containing 200 pouches each weighing 180 ml. of liquor of the brand of Gulab and 62 bags of plastic, each containing 200 pouches of liquor having 180 ml. One sample from each of 96 bags was taken out and the remaining liquor was put in plastic bags. The samples and the bags were separately sealed and were taken into possession vide recovery memo. On verification, it was found that one Singla Liquor Contractor was the owner. Accordingly, FIR was registered under Sections 61/1/14 of the Excise Act. Thereafter, on the same day i.e. 25.7.2001, investigation was handed over to Karnail Singh, Sub Inspector. He took into possession 32 rolls of plastic label of Murthal No. 1 make, 19 rolls of plastic label of Madura country liquor make, 25 rolls of plastic label of P.K.I. No. 1 make, 7 rolls of plastic label of Gulab country liquor make, 2 rolls of plastic label of Hero Whisky, 13 plastic rolls of Hero No. 1 country liquor, 8 rolls of plastic label of All Parri Country Liquor make, 1 roll of plastic label of Saudi make and 1 roll of plastic label and Angering country liquor make. He also took into possession two bags containing labels of Milado XXX Ram, Malwa No. 1 and Santra country liquor. He further took into possession one punching machine. He also took into possession Tanker No. MP- 01-PA-6737 containing about 8000/9000 litres of rectified spirit. Out of this Tanker, one bottle of rectified spirit was taken as sample.

(3.) DURING investigation, the statement of Neeraj Bajaj was recorded under Section 161 Cr.P.C. He stated that he alongwith Krishan Bajaj, Ritu Bajaj and Deepa Bajaj was owner of Industrial Shed No. 182/68, Industrial Area, Phase I, Chandigarh and it was leased out by them to Harvinder Pal Singla, the present petitioner vide registered sale deed dated 24.4.2001 at a monthly rent of Rs. 48,000/- and the rent for the month of July 2001 had been paid by him by way of cheque. He further stated that on 26.7.2001, the petitioner contacted him and told that he was in trouble as police had recovered certain materials from his Industrial shed and as such, requested him that the lease deed may be changed but Neeraj Bajaj did not accede to his request. He also assured Neeraj Bajaj that he was known to some Magistrate and could get the lease deed or sublet lease deed prepared in the back date but he (Neeraj Bajaj) did not agree to it. Therefore, subsequently offences under Sections 420, 467, 471 IPC read with Section 63 of the Copy Right Act were added.