Jharkhand High Court
Brishpati Singh @ Brihshpati ... vs The State Of Jharkhand on 9 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 465 of 2009
Brishpati Singh @ Brihshpati Singh --- --- Petitioner
Versus
The State of Jharkhand --- --- Opp. Party
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CORAM: Hon'ble Mr. Justice Ambuj Nath
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For the Petitioner: Mr. Ranjan Kumar, Advocate
For the O.P-State: Mr. P.K. Appu, A.P.P.
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05 / 09.05.2023 Petitioner-Brishpati Singh @ Brihshpati Singh has filed this revision
application against the judgment dated 22.05.2009 passed by Sri Binay Kumar
Sinha, learned Sessions Judge, Koderma in Cr. Appeal No. 27/2008, whereby
and wherein learned Sessions Judge, Koderma partly allowed the appeal of the
petitioner filed against the judgement of conviction and order of sentence dated
24.04.2008 passed by Mr. Pradeep Kumar Shukla, learned Sub Divisional
Judicial Magistrate, Koderma in G.R. No. 622/1999, arising out of Markachcho
P.S. Case No. 56/1999, holding the petitioner guilty under section 47(a) of
Excise Act and thereby sentencing him to undergo R.I for one year along with a
fine of Rs. 1,000/- and in default in payment of fine, he was further directed to
undergo S.I for three months.
Learned Appellate Court upheld the judgment of conviction of the
petitioner under section 47(a) of the Excise Act and modified the sentence,
directing the petitioner to undergo R.I for six months. However, sentence
regarding imposition of fine amount was not disturbed.
2. Prosecution case was instituted on the basis of self-statement of the
Informant B.N. Singh Oraon, Officer-in-charge, Markachcho P.S., alleging
therein that on 26.08.1999, house of the petitioner was raided from where 10
litres of country made liquor were recovered.
3. In order to prove its case, prosecution has adduced both oral and
documentary evidence. Both learned Trial Court as well as the learned
Appellate Court, on the basis of the aforesaid evidences, have come to a
concurrent finding regarding the guilt of the petitioner.
4. From perusal of the oral testimony of the witnesses, it appears that B.N.
Singh Oraon (P.W-5) is the Informant of this case. He has supported the case of
the prosecution. He has stated that on 26.08.1999 at about 7.45 pm, house of
the petitioner was raided and 10 litres of country made liquor were recovered
from his house.
5. Hare Ram (P.W-1), Girija Nandan Jha (P.W-2), Gaago Gope (P.W-3)
and Bhatu Badhai (P.W-4) who were the members of the raiding party, have
corroborated the statement of the Informant alleging therein that on the date
and time of occurrence, house of the petitioner was raided and 10 litres of
country made liquor were recovered. Girija Nandan Jha (P.W-2) has stated that
the seized liquor was sent for chemical examination.
6. Ms. Snehlika Bhagat, learned A.P.P, submitted that all the prosecution
witnesses have corroborated the statement of the Informant on the point of
recovery of country made liquor from the house of the petitioner.
7. Prosecution has not adduced the report of chemical examination of the
seized liquor to confirm that the contraband seized from the house of the
petitioner was in fact country made liquor.
8. Merely stating that the recovered contraband smelled like liquor will not
suffice. In order to prove its case under section 47(a) of the Excise Act
regarding recovery of country made liquor, prosecution ought to have produced
the report of chemical examination on record, failing which I am afraid that the
petitioner has to be given the benefit of doubt in this case.
9. In view of the aforesaid discussion, I am of the view that both the
learned Trial Court as well as learned Appellate Court have come to an
erroneous finding regarding the guilt of the petitioner for the offence under
section 47(a) of the Excise Act. Accordingly, judgment of conviction and order
of sentence dated 24.04.2008 passed by the learned Trial Court which was
affirmed by the learned Appellate Court vide its judgment dated 22.05.2009, is
set aside.
This Revision Application is allowed.
Pending I.A., if any, stands disposed of.
(Ambuj Nath, J)
Ranjeet/
