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SANDEEP KUMAR
Domi Kamat – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—Heard learned counsel for the appellant and learned APP for the State Mrs. Abha Singh.
2. This appeal has been directed against the judgment and order dated 27.03.2019 passed in S.Tr. (Excise) No. 464 of 2017 (447/2017) by Additional Sessions Judge-II-cum-Special Judge (Excise), Supaul in connection with Nirmali P.S. Case No. 44 of 2017 by which the appellant has been held guilty for the offence under Section 30(a) of the Bihar Prohibitiion and Excise Act, 2016 (Amendment Act, 2018) and convicted for five years imprisonment and Rupees One Lakh cost and further under Section 37(a) of Bihar Prohibition and Excise Act, 2016 (Amended Act 2018) and cost of Rs. 50,000/- has been imposed and upon non payment of fine of Rs. 1,00,000/- and 50,000/-, the appellant will have to undergo further imprisonment for a period of six months and three months respectively.
3. As per the prosecution case, one Satyendra Prasad Singh gave a written report to the Nirmali Police Station alleging therein that when the police was on patrol duty, they saw two persons coming on a motorcycle. Upon seeing the police, the person sitting on the back seat of the motorcycle fled away and the police, o
The prosecution must prove its case beyond reasonable doubt, and failure to produce key evidence undermines the conviction.
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
The court ruled that the prosecution failed to prove the case beyond a reasonable doubt due to procedural irregularities and witness credibility issues.
Conviction for illicit liquor possession cannot be based solely on non-chemical tests; lack of adequate evidence warrants acquittal.
Due process requires strict adherence to legal procedures; allegations unsupported by scientific evidence cannot sustain criminal charges under the Excise Act.
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