judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a learned Single Judge of the Delhi High Court dismissing the revision petition filed by the appellants. By the revision petition challenge was to the judgment of learned Additional Sessions Judge, New Delhi, upholding the conviction and sentence imposed by the learned Metropolitan Magistrate.

3.Background facts in a nutshell are as follows :

The appellants were alleged to have been indulging in smuggling of liquor from Haryana to Delhi. The prosecution alleged that upon receipt of information, S.I. Lalit Mohan, alongwith certain police officials, constituted a raiding party, assembled near a traffic intersection and on 8.4.1994 at about 1.45 A.M. intercepted a Tata 407 vehicle in which the appellants were travelling. Despite being signalled to stop, the vehicle sped away. The police officials chased it, and stopped it and apprehended the appellants. Eighteen cartons containing 12 bottles of “Bonnie Scot” Special Malt Whisky, each being an 750 ml bottle, were recovered. Two sample bottles were taken out separately as samples and (from each carton i.e., 36 bottles). The heads of the sampl