The prosecution must prove its case beyond reasonable doubt, and failure to produce key evidence undermines the conviction.

JUDGMENT :

(Chandra Shekhar Jha, J.)

At the outset, it is important to mention that this appeal was taken on board under the caption “For Orders” where initially prayer of bail and suspension of sentence under Section 389(1) of the Cr.P.C. was raised by learned counsel appearing on behalf of the appellant but, after short argument, it is submitted that he is ready for final hearing of the appeal, which was not objected by learned APP and, therefore, this appeal is being finally heard under aforesaid caption.

2. This appeal has been preferred by the appellant/convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 02.05.2024 and order of sentence dated 04.05.2024 passed by learned Special Judge, Excise-2, Bhagalpur in Special Excise No.177 of 2021 arising out of Sabour (Gouradih) P.S. Case No.36 of 2021, whereby the concerned Trial Court has convicted the appellant/convict for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act,2016 (for short ‘Excise Act’) and sentenced to undergo rigorous imprisonment for five years with fine of Rs.1,00,000/-and in default of payment of fine, to further undergo rigorous imprisonment for three months.

3. Brief case of prosecution as per written report of informant/PW-1, namely Arun Kumar Singh, A.S.I., given to the S.H.O. Gouradih Police Station alleging therein that on 27.01.2021 at 21.30 hours, he along with police party has proceeded for night patrolling and at 21.35 hours, when he was at Virnoudh Chowk, he got a secret information that at village-Murhan, Ranjeet Kumar Singh (appellant) is selling foreign liquor in his kirana shop. On this information, the informant reached at kirana shop of Ranjeet Kumar Singh at village-Murhan and found one person sitting in kirana shop. Till then, some villagers assembled there and in presence of two witnesses, on inquiry, the person sitting there disclosed his name as Ranjeet Kumar Singh (appellant). Then, search was started. During search, 11 bottles, containing 375 ml each of Imperial Blue foreign liquor total quantity of 4.125 liters kept behind the counter in white colour plastic bag was recovered. On further enquiry, he did not give satisfactory reply nor produced any documents. Thereafter, seizure list was prepared and the accused was arrested.

4. On the basis of aforesaid written report of the informant, a formal FIR, being Sabour (Gouradih) P.S. Case No.36 of 2021 was registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 against the appellant.

5. After completion of investigation and on the basis of materials collected thereof, the Investigating Officer of this case submitted charge-sheet No.107 of 2021 dated 07.10.2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 against the appellant.

6. Learned Special Court/trial court took cognizance of the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 against the appellant on 20.12.2021 and after supplying the police papers under Section 207 of the Code, framed charge under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 against the appellant on 09.06.2022, which was explained to the appellant/convict to which, he pleaded not guilty and claimed to be tried.

7. To substantiate its case, the prosecution has examined altogether seven prosecution witnesses. They are:- i) PW-1 Arun Kumar (Informant) (X); (ii) PW-2 Sanket Kumar; (iii) PW-3 Vijay Kumar Rai (Investigating Officer of this case); (iv) PW-4 Rajiv Paswan; (v) PW-5 Hari Kishore Singh (seizure list witness); (vi) PW-6 Ajay Kumar Singh (seizure list witness); and (vii) PW-7 Sunil Kumar.

8. Apart from the oral evidence, the prosecution has also relied upon following exhibits/documentary evidences, which are:-

Sl. No. List Exhibits/documents of Name of documents

1. Exhibit P-1 Signature of witness Hari Kishore Sing