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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
N.S.SHEKHAWAT
Ashok Kumar – Appellant
Versus
State Of Punjab – Respondent
Judgment :
N.S.Shekhawat, J.
The petitioners have filed the present revision petition against the impugned judgment dated 03.02.2017 passed by the Court of Additional Sessions Judge, Ludhiana and the impugned judgment and order dated 13.12.2013 passed by the Court of Judicial Magistrate 1st Class, Ludhiana, whereby, the petitioners have been convicted for the offence punishable under Sections 61/1/14 of the Excise Act and sentenced as under:-
Name of Convict | Offence under Section | Sentence | Fine | In default |
Ashok Kumar | 61 of Excise Act | Simple imprisonment for 6 months | 500/- | Simple imprisonment for 15 days. |
Bunty | 61 of Excise Act | Simple imprisonment for 06 months | 500/- | Simple imprisonment for 15 days |
It was also ordered that the period of detention already undergone by the convicts shall be set off against the term of imprisonment on the convicts.
2. As per the case of the prosecution, on 01.07.2010, the police party received a secret information that two persons used to bring Whisky at cheaper prices and sell the same at Ludhiana at higher prices and they were traveling in a Maruti car bearing registration No. PB-10-P-6688 and if a picket was set up, they could be caught red handed and huge quantity of
The prosecution must prove its case beyond reasonable doubt, and failure to produce key evidence undermines the conviction.
The prosecution must prove the seizure and the nature of the seized material beyond all reasonable doubt, and the accused's statement under Section 313 of the Code of Criminal Procedure is not suffic....
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 establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
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