2025:CGHC:56471 NAFR Digitally signed by PRAKASH HIGH COURT OF CHHATTISGARH AT BILASPUR PRAKASH KUMAR KUMAR D 20 a 2 te 5 : .11.19

17:11:57 +0530 Criminal Revision No. 822 of 2016

1 - Angadram Suryavanshi S/o Late Motiram, Aged About 42 Years, R/o Village Telsara, P.S. Chakarbhata Civil and Revenue District Bilaspur, Chhattisgarh, 2 - Rupesh Verma S/o Saukhilal, Aged About 41 Years, R/o Village Bodri, P.S.

Chakarbhata, Civil and Revenue District Bilaspur, Chhattisgarh, ... Applicants versus State of Chhattisgarh Through District Magistrate Bilaspur by P.S. Incharge Chakarbhata, District Bilaspur, Chhattisgarh, ... Respondent For Applicants : Mr. Devesh Chandra Verma, Advocate For Respondent/State : Mr. Deepak Kumar Singh, Panel Lawyer Hon'ble Shri Justice Radhakishan Agrawa l Judgment on Board

19/11/2025

1. The present revision filed under Section 397/401 Cr.P.C. is directed against the judgment of conviction and order of sentence dated 26.08.2016 passed in Criminal Appeal No.46/2016 by the 5^th Additional Sessions Judge, Bilaspur, (C.G.), whereby judgment dated 19.08.2015 passed by the Judicial Magistrate First Class, Belha, District – Bilaspur (C.G.) in Criminal Case No.106/2015 has been set aside by the learned Appellate Court and convicted the applicants under Sections 34(1)(a), 34(2) of the Chhattisgarh Excise Act and sentenced them to undergo rigorous imprisonment for one year each with fine of Rs.25,000/- (two counts), in default of payment of fine, additional RI for 3-3 months.

2. Case of the prosecution, in brief, is that on 27.01.2015, B.N. Rai (PW-06), Sub-Inspector, Police Station Chakarbhata along with other Police Officials were on patrolling duty and when they reached near Kali Dhaba, they saw a Vista Car bearing Registration No.CG-10-N-9725 standing near a liquor shop. When the driver of the said car saw the police van, then three persons who were sitting in the said car, came out and started fleeing away. Thereafter, one of the accused persons, namely Angadram Suryavanshi (applicant No.1 herein) was caught by the police personnel and the said car was searched. On being searched, the police found 10 boxes out of which in 9 boxes, each 48 bottles of english liquor and in one box, 46 bottles of english liquor were kept i.e. total 86 liters amounting Rs.24,000/- and the same were seized in presence of the witnesses, thereafter following the other necessary procedures, the offence was registered.

3. After completion of investigation, charge sheet was filed before the Court of JMFC, Belha, District - Bilaspur. The applicants abjured the guilt and pleaded innocence. So as to prove the guilt of the accused/applicants, the prosecution has examined as many as 9 witnesses. Statement of the accused/applicants was also recorded under Section 313 of Cr.P.C.

4. Learned trial Court, after appreciation of oral and documentary evidence, vide judgment dated 19.08.2015 acquitted the accused persons of the charges levelled against them. The said judgment was challenged by the State in criminal appeal, however, the Appellate Court, vide judgment dated 26.08.2016 convicted and sentenced the applicants as mentioned in paragraph 1 of this judgment. Hence, this revision.

5. Learned Counsel appearing for the applicant submits that the prosecution has failed to establish its case beyond reasonable doubt. He further submits that in the seizure memo (Ex.P-1) dated 27.01.2015 at 10:50 PM, the Crime No.29/2015 is mentioned at Column No.1, but the prosecution has failed to explain as to how the Crime No.29/2015 has been mentioned in the seizure memo before lodging of the FIR (Ex.P-10) dated 27.01.2015 at 23:15 O’clock. It is also submitted by him that the seizure memo also does not bear any sample seal. The prosecution witnesses have also not supported the case of prosecution. He also submits that the alleged only 4 bottles were sent to Excise Sub-Inspector S.K. Dwivedi (PW-03) for examination on 20.02.2015 and the prosecution has failed to offer any