2025:CGHC:16596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 752 of 2016 Lavkumar @ Bablu S/o Ramsharan Aged About 22 Years At Present Aged About 24 Years R/o Village Purainbandh, Ganjhutoli, Police Station Tapkara, District Jashpur Chhattisgarh , Digitally signed by ... Applicant ANJANI KUMAR versus ALLENA Date:

2025.04.09

15:42:37 +0530 State Of Chhattisgarh Through - District Magistrate, Jashpur, District Jashpur Chhattisgarh , ... Non-applicant For Applicant : Smt. Madhunisha Singh, Adviocate.

For Respondent/State : Shri Deepak Kumar Singh, Panel Lawyer.

(HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL)

Order on Board

08/04/2025 Heard.

1. The present revision filed under Section 397/401 Cr.P.C. is directed against the judgment of conviction and order of sentence dated 21.07.2016 passed in Criminal Appeal No.15/2014 by the Court of Additional Judge to the Court Additional Sessions Judge, Kunkuri, Dist. Jashpur (C.G.), whereby the appeal filed by the applicant is dismissed while upholding judgment dated 29.01.2014 passed by Judicial Magistrate First Class, Kunkuri in Criminal Case No. 390/2013 convicting the applicant under Section 34 (1) (f) of the Chhattisgarh Excise Act, 1915 and sentencing him to undergo R.I. for six months with fine of Rs.10,000/-, in default to pay fine amount, additional RI for two months.

2. Case of the prosecution, in brief, is that on 21.04.2013, when P.W.1 Dhanesh Bharti, Excise Sub-Inspector was on patrolling, he received an information from informer that the applicant is involved in making liquor and upon such information he rushed to the house of the applicant situate at village Puraibandh Gunjtoli and in pursuance of search, he seized vide Ex.P.1, an earthen pot containing 15 kilograms of Mahua Lahan (Mahua Flower or Mahua Flower based intoxicating drink), in front of the witnesses and the alleged seized Mahua Lahan has been destroyed by him after taking sample. During course of investigation, complaint No.10/13 for the offence under Section 34(1)(f) of the C.G.Excise Act was filed against the accused/applicant by the Excise Circle, Kunkuri.

3. After completion of investigation, complaint case was filed before the J.M.F.C. Kunkuri. The applicant abjured his guilt and pleaded innocence. So as to prove the guilt of the accused/applicant, the prosecution has examined as many as 3 witnesses. Statement of the accused/applicant was also recorded under Section

313 of Cr.P.C.

4. Learned trial Court as well as appellate Court, after appreciation of oral and documentary evidence, convicted and sentenced the applicant, as mentioned in opening paragraph. Hence, this revision.

5. Learned Counsel appearing for the applicant submits that P.W.1 Dhanesh Bharti, Excise Sub-Inspector has not complied with the provisions containing in Section 54 of the Excise Act and that his statement has not been corroborated by the independent witnesses, i.e., P.W.2 Koushilya and P.W.3 Tilakmani. She further contends that sample taken from the spot has not been kept in safe custody and the seized Mahua Lahan has been destroyed by P.W.1 Dhanesh Bharti on the spot. This apart, the alleged sample which has been taken has not been produced before the Court and that, it was not sealed and examined by expert. She next submits that test report (Ex.P.4) is undated and that both independent witnesses, i.e., P.W.2 Koushilya and P.W.3 Tilakmani are rustic villagers and illiterate persons and more so, the prosecution has failed to prove its case beyond reasonable doubt. On these premises, she urged that applicant be acquitted of the charge levelled against him.

6. On the other hand, learned State Counsel opposed the revision, while supporting the impugned judgment of conviction and order of sentence.

7. I have heard learned counsel appearing on behalf of the parties and perused the record minutely.

8. As per the statement of P.W.1 Dhanesh Bharti, Excise Sub-Inspector, on 21.04.2013, at village Puraibandh Gunjhtoli, a search was effected at the house of