Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Tej Narayan Sahni, Son of Late Basudeo Sahni – Appellant
Versus
State of Bihar Bihar – Respondent
| Table of Content |
|---|
| 1. facts surrounding the raid and seizure (Para 2 , 3 , 4) |
| 2. arguments regarding lack of evidence and witness support (Para 11 , 12) |
| 3. court's determination on insufficient evidence (Para 18 , 30) |
| 4. final ruling and setting aside of the conviction (Para 31 , 32) |
JUDGMENT :
(SANDEEP KUMAR, J. )
Heard learned counsel for the petitioner and learned APP for the State Shri Shyam Kr. Singh.
2. The present appeal has been filed against the Judgment dated 16.03.2019 passed by the Additional Sessions Judge-II-cum Special Judge, Excise Act, Madhubani in GO No. 89 of 2018 / Tr. No. 3251 of 2017 by which the learned Additional Sessions Judge, Madhubani has convicted the appellant for the offence under Section 30 (a) of BIHAR PROHIBITION AND EXCISE ACT , 2016 and sentenced him to undergo 10 years RI and a fine of Rs. 1,00,000/-and in default of payment of fine, he would undergo six month imprisonment.
3. The prosecution case was instituted on the basis of the information given by one Pramod Kumar Mandal SI, Excise against the appellant and one Md. Chunnu under Section 30 (a) of Excise Act which was registered as GO No. 89 of 2018.
4. The prosecution case in brief is that on 13.05.2018
The court ruled that the prosecution failed to prove the case beyond a reasonable doubt due to procedural irregularities and witness credibility issues.
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
The conviction under the Chhattisgarh Excise Act was set aside due to prosecution's failure to prove its case beyond reasonable doubt based on procedural violations.
The prosecution must prove its case beyond reasonable doubt, and failure to produce key evidence undermines the conviction.
Non-compliance with statutory requirements for search and seizure under the NDPS Act renders the prosecution's case doubtful, leading to the reversal of conviction.
Appeal against acquittal in illicit liquor possession upheld where search non-compliant with CrPC Section 165, independent witnesses hostile, case property integrity doubted, and trial court's reason....
High Court upheld acquittal in illicit liquor case refusing state appeal interference, as first appellate court's view on contradictions in official testimonies, raiding party suspicion, seal discrep....
Acquittal in excess liquor possession case set aside as perverse; no need for independent witnesses in patrolling chance recovery or independent seal custody; reliable police evidence suffices; convi....
Compliance with mandatory provisions of the N.D.P.S. Act is crucial, and non-compliance may lead to the acquittal of the accused despite the presence of evidence.
Conviction for illicit liquor possession cannot be based solely on non-chemical tests; lack of adequate evidence warrants acquittal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
