RAJESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure with the prayer to quash the FIR No.181 dtd. 8/8/1998 registered under Sec. 61(1)(a) of the Punjab Excise Act, 1914 registered at Police Station Sadar, Hoshiarpur (Annexure P-1) as well as report under Sec. 173 Cr.P.C. dtd. 15/4/2000 vide which the petitioner was declared a proclaimed offender in view of the judgment of acquittal dtd. 3/9/2001 passed by the Additional Chief Judicial Magistrate, Hoshiarpur vide which the other co-accused, who faced trial at length, were acquitted. Brief facts of the case are that the impugned FIR was registered on 8/8/1998 with the allegation that the complainant/Investigating Officer SI Surinder Kumar, alongwith his co-police officials were busy in checking of the bad elements when a secret information was received that three persons, namely, Rajesh @ Billa, Ashok Kumar @ Babla and Sunil Kumar were running the business of selling English liquor in a hotel, namely, Chougal Resort, Fast Food, Kurvi Turn, and if a raid is conducted, recovery can be effected. Upon this, the police party conducted a raid and arrested two persons, i.e. petitioner-Rajesh Kumar @ Billa and Ashok Kumar @ Babla and recovered 120 bottles of liquor. Thereafter, 180-180 ml. of liquor was drawn from each bottle as sample and they were sealed bearing impression 'SK' and the FIR was registered. The police conducted the enquiry and, thereafter, submitted the report under Sec. 173 Cr.P.C. on 15/4/2000 and it was noticed that accused-Sunil Kumar had surrendered before the Court and he is also on bail. As per the FSL report, the contents of the sample were found to be 'Whiskey'. Thereafter, the petitioner absented himself from Court proceedings and vide order dtd. 11/12/2000, the petitioner was declared a proclaimed offender.

(2.) Counsel for the petitioner has submitted that in the meantime the co-accused, namely, Ashok Kumar @ Babla and Sunil Kumar faced the full length trial and the Additional Chief Judicial Magistrate, Hoshiarpur vide its judgment dtd. 3/9/2001 acquitted them observing that the police has failed to prove its case. The operative part of the judgment reads as under :-

(3.) The prosecution is to prove its case beyond a reasonable shadow of doubt by leading cogent, reliable and trust-worthy oral as well as documentary evidence. The benefit of doubt always goes to the accused. The mere suspicion, however, strong it may be, cannot take place of proof. The prosecution evidence should be of such a nature which should lead to no other hypothesis except guilt of the accused. The prosecution case has to be proved beyond a reasonable shadow of doubt by leading cogent, reliable and trust-worthy oral as well as documentary evidence but the prosecution has failed to prove its case beyond a reasonable shadow of doubt. Accordingly, the accused stands acquitted by giving him benefit of doubt. Case property be disposed of as per rules after the expiry of prescribed period for filing appeal or revision, if flied, after its conclusion and shall be subject to its result. File be completed and consigned to the record room. M.S. Randhawa, PCS Announced in open Court Additional Chief Judicial Magistrate dtd. : 3/9/2001 Hoshiarpur." Counsel for the petitioner has submitted that the aforesaid judgment has attained finality as no appeal was filed by the State. Counsel for the petitioner has submitted that the petitioner had travelled abroad in search of better job avenues, therefore, he could not obtain the permission of the Court and was declared a proclaimed offender. Counsel for the petitioner has placed reliance upon the passport (Annexure P-4) to show that the petitioner had travelled to Luska and, therefore, he was wrongly declared a proclaimed offender. Counsel for the petitioner has further submitted that the petitioner has now acquired the status of permanent resident of the said country and even a new passport has been issued in the name of the petitioner by the said country. Vide order dtd. 14/2/2019, the petitioner was directed to appear before the trial Court and the trial Court to release the petitioner on interim bail on payment of costs of Rs.25,000.00 to be deposited in the government treasury. Counsel for the petitioner has submitted that the petitioner has appeared before the trial Court and he has been released on bail vide order dtd. 1/3/2019.