Madhya Pradesh High Court
Mohd. Salim Khan vs The State Of Madhya Pradesh on 16 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:31900
1 CRR-5621-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 16th OF JULY, 2025
CRIMINAL REVISION No. 5621 of 2023
LAKKHURAM PAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shanker Pd Singh - Advocate for applicant.
Shri Akshay Namdeo - Government Advocate for State.
WITH
CRIMINAL REVISION No. 5749 of 2023
MOHD. SALIM KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rohit Pegwar - Advocate for applicant.
Shri Akshay Namdeo - Government Advocate for State.
ORDER
Both the petitions are disposed of by a common order as both the cases
are arising out of the same judgment date i.e. 28.11.2023.
2.These Criminal Revisions under Section 397 read with Section 401
of the Code of Criminal Procedure have been preferred against the judgment
of conviction and sentence dated 28.11.2023 passed by First Additional
Sessions Judge, Katni in the Court of Second Additional Sessions Judge,
Katni in Criminal Appeal No.30/2020 and Criminal Appeal No.21/2020
NEUTRAL CITATION NO. 2025:MPHC-JBP:31900
2 CRR-5621-2023
arising out of judgment dated 06.03.2020 passed by Chief Judicial
Magistrate, District-Katni in Criminal Case No.726/2014 whereby the
applicants have been convicted under Section 34(2) of Excise Act and
sentenced to undergo R.I. for 01 year with fine of Rs.25,000/- each
respectively with default stipulations.
3. Learned counsel for applicant has submitted that the independent
witnesses have not supported the case of prosecution and there are
contradictions in their statement. Witness Golu Rajput (PW-1) is a pocket
witness and in para No.5 of his cross examination, this witness has admitted
that in another case of illegal liquor that was recovered from one Suraj
Burman, this witness had given the evidence in favour of the Excise
Department and in para No.7 of the cross examination, he has stated that
when the Auto overturned, on that time the Excise Police was not there and
they reached after that and before reaching on the spot what proceedings
were carried out by the Excise Department, he could not state. He had not
counted the gunny bags and he had also not seen whether there was alcohol
in the gunny bags or not.
4. Learned counsel for applicant has submitted that Amit Yadav (PW-
2) in his cross examination has stated that only Lakkhuram Pal was driving
the Auto and he has singed the documents on the request of the Excise
Officer. He was working in the shop of Alcohol contractor Ashis Shivhare.
He had not seen Golu Rajput (PW-1) on the spot. The overturned Auto was
lying on the spot. He had not seen from which place the Excise Officer
brought the person that was standing there and he is also unable to explain at
NEUTRAL CITATION NO. 2025:MPHC-JBP:31900
3 CRR-5621-2023
what distance the articles were kept.
5. Learned counsel for applicant has further submitted that the witness
Sandeep Lohani (PW-3) is the only witness who has conducted the whole
investigation and being interested in the prosecution as he is the officer of
Excise Department, hence, in these circumstances trial Court and Appellate
Court wrongly convicted the applicants.
6. Shri Akshay Namdeo, learned counsel for State has submitted that
the independent witness on the material points has supported the prosecution
case and there is no reason to doubt on the statement of witness Sandeep
Lohani (PW-3).
7. Heard the learned counsel for the parties and perused the record.
8. As per the prosecution on 30.12.2013 at about 12:15 PM on secret
information received by Shri Sandeep Lohani (PW-3), he went on NH-7 area
of Jhinjhari, Police Station Madhavnagar Katni, called the independent
witnesses and when the vehicle bearing registration No.MP-21-R-1913 an
Auto was coming, they signaled to stop the Auto, but instead of stopping the
Auto, driver of Auto accelerated the vehicle in speed and when they chased
the vehicle, that was overturned in front of Dadda Dham Colony Main Gate.
They caught the persons in which applicant Lakhuram Pal was the driver and
Salim Khan was sitting besides him, three gunny bags were found kept in the
auto and when those were opened, it was found that there were 10 cartons
each containing 50 quarters alcohol, total 90 liters country made masala
liquor. The applicant has not produced any license or permit to transport the
liquor, hence, was seized. The applicants were arrested and from the
NEUTRAL CITATION NO. 2025:MPHC-JBP:31900
4 CRR-5621-2023
possession of the applicants, 90 liters illicit liquor were found.
9. On examination by putting the litmus paper, colour did not change
and in thermometer and hydrometer, it was found 80f x 69.6 = 25.6up and
after the examination and service experience of Testing Officer, it was found
that it was a country made masala liquor.
10. Golu Rajpoot (PW-1) in his statement has clearly stated that at
01:00 pm, he was standing in front of Dadda Dham Gate, the Officials of the
Excise Department came to him and asked him about the overturned auto and
in that Lakkhuram Pal as a driver, was driving the Auto and Salim Khan was
sitting as a passenger and persons trapped in the overturned Auto, were taken
out in which 10 cartons alcohol were kept. The officials of the Excise
Department has seized the illicit liquor and prepared the panchnama as
Exhibit-P/1 to P/3.
11. In the cross-examination of this witness, he has stated that the
proceedings of Exhibit-P/1 was not conducted in his presence and has further
submitted that when they lifted the persons, trapped in the auto, then Excise
Department Officials started proceeding. Applicant Lakkhuram Pal was the
driver of the vehicle and he had not counted the gunny bags in which,
alcohol was kept. In para-14 of his cross-examination, this witness has
admitted that he could not state if the alcohol was already kept near the spot.
Thus, on the material points, there is no contradictions and omissions in the
statement of this witness. Witness Amit Yadav (PW/2) has partially
supported the case.
12. Excise Inspector, Sandeep Lohani (PW-3) in the clear terms has
NEUTRAL CITATION NO. 2025:MPHC-JBP:31900
5 CRR-5621-2023
stated that on 30.12.2013, he was posted as Sub-Inspector in Excise Circle
No.1 and on receiving secret information that in an auto illicit liquor is being
transported from Jhinjhari to Katni and due to urgency without obtaining the
search warrant, he went along with the staff and saw the auto bearing
registration no.MP-21-R-1913 in which, one person was sitting as driver and
one was sitting as passenger and when they tried to stop the auto, the driver
of the auto accelerated very fast and due to that, the auto overturned.
13. He prepared the panchnama (Exhibit-P/1), auto was lifted and on
enquiry, it was found that Lakkhuram was the driver and Saleem Khan was
sitting as a passenger. They had made search of the Auto and in that, three
white coloured gunny bags in which 10 cartons of alcohol each containing
50 quarters, thus, 90 liters of alcohol was recovered. The applicants have not
submitted any permit or license to transport the liquor. He prepared the
seizure memo (Exhibit-P/3) and examined the vehicle and arrested the
applicants and also took the sample from each of the gunny bags.
14. Total three gunny bags were being transported and in two gunny
bags, three - three cartons and in third one, four cartons were found. Four
samples from each of the gunny bag were taken out. It were tested and found
that it was a country made masala liquor. After investigation, he has
submitted the complaint.
15. This witness has also submitted gunny bags before the Court as
Article Nos.A/1, A/2 and A/3, in article A/1 counting by the Court, 145
quarters were found and in A/2, 193 quarters were found and in A/3, 147
quarters were found, during the deposition of this witness.
NEUTRAL CITATION NO. 2025:MPHC-JBP:31900
6 CRR-5621-2023
16. On the cross-examination of this witness, he has stated that he has
recorded Crime No.428/2013 in panchnama as the proceeding of Crime
No.427/2013 was already registered. He has also admitted that in Articles A-
1 to A-3 seizure slip signed by witness is not enclosed. This witness has also
stated that Lakkhuram Pal had not told him that he was not knowing that in
the Gunny bags there was alcohol.
17. No material points have been found, thus, these are no major
contradiction on the basis of which, the statement of this witness said to be
false or statement of this witness threw away. The trial Court as well as the
Appellate Court has properly discussed the statement of this witness, hence,
looking to the facts and circumstance of the case, the trial Court as well as
Appellate Court has committed no illegality convicting the applicants.
Whereas the sentence is concerned, R.I. for one year and fine amount of
Rs.25,000/- are minimum sentence, hence, no illegality is found, therefore,
the revision petitions being devoid of merits are dismissed.
18. The applicants shall surrender before the trial Court to undergo the
remaining jail sentence.
19. With the copy of this order, record of trial Court as well as
Appellate Court be returned back.
20. A copy of this order be kept in connected case.
(DEVNARAYAN MISHRA)
JUDGE
DPS
