The prosecution must prove the recovery of illicit liquor beyond reasonable doubt to sustain convictions under the Delhi Excise Act.

JUDGMENT

1. By way of present revision petitions, the revisionists seek to assail the common Judgement dated 26.10.2024 passed in Crl. A. Nos. 127/2024 and 128/2024 by the Principal District and Session Judge, District Central, Tis

Hazari Courts, Delhi in proceedings arising out of FIR No. 309/2016 registered under Sections 33/52 of the Delhi Excise Act and Sections 3/181/146/196/5/180 of the M.V. Act.

2. The Trial Court vide judgement dated 17.11.2023 convicted the revisionist/ Dolly under Sections 52/33 Delhi Excise Act and Section 5/180 MV Act and revisionist/ Pawan under Section 33 of Delhi Excise Act and under Sections 3/181/146/195 MV Act. Vide order on sentence dated 28.02.2024, the revisionist/ Dolly was sentenced to undergo RI for nine months for the offence under section 52/33 of Delhi Excise Act with fine of

Rs.50,000/- and in default to undergo two months SI and sentenced to 15 days SI for offence under section 5/180 MV Act. On the other hand, the revisionist/ Pawan was sentenced to undergo RI for nine months for offence under section 33 of Delhi Excise Act with fine of Rs.50,000/- and in default to undergo two months SI and sentenced for 15 days SI for offence under section 3/181 and 146/196 of MV Act. Benefit of Section 428 Cr.P.C. was given to both of them.

3. The revisionists herein, namely and , preferred Criminal Appeals No. 127/2024 and 128/2024 respectively against the abovementioned judgement and order on sentence. Vide the impugned judgement, the appellate court upheld the convictions of both the revisionists but modified the sentence of the revisionist/Dolly to the extent that she was awarded the minimum sentence, i.e. RI for 6 months for the offence under section 52/33 of Delhi Excise Act while the rest of her sentence was not interfered with.

4. In a nutshell, the case of the prosecution is that on 08.07.2016, the complainant HC Johnson and Ct. Krishan Pal, while on patrolling duty, were checking vehicles at Gopalpur red-light. One Accent car bearing no. DL2CW6556 was stopped for checking at about 8.30 pm and from its boot, 22 boxes containing illicit liquor was recovered. The car was being driven by the revisionist/ Pawan who did not have any license, insurance or permit.

The car was found to be registered in the name of revisionist/Dolly.

5. Learned counsel for the revisionists contends that the revisionists are innocent and have been falsely implicated in the present case on the basis of a doubtful recovery and that there are glaring discrepancies in the statement of the police witnesses and the case property with respect to the description of the alcohol bottles which would show that the prosecution has miserably failed to prove the recovery beyond reasonable doubt. In support of this contention, learned counsel submits that though in the and FIR, it is mentioned that paper labels were pasted on all quarter bottles, however when the case property was produced in trial, some of the quarter bottles were bereft of any labels, which clearly illustrates that the case property is not the same as shown in the seizure memo. It is further submitted that the PW10 also stated in his examination that each quarter bottle had paper label saying “YesGoa Premium Whiskey for Sale in Arunachal Pradesh only” (hereafter, “the paper label”) but when the case property was opened in the presence of the Presiding Officer, the said label was not present on some bottles. It is also contended that while as per the recovery shown to have been effected, the labels of “YesGoa” were also present on the boxes, however the witnesses have denied that the labels were present on the boxes as well.

6. Learned APP for the State, on the other hand, has vehemently opposed the present petition and submits that the Appellate Court did not fall in any error while upholding the conviction of the revisionists. He submits that PW2, PW3, PW4, PW5, PW6 and PW10 all in their statements have consistently mentioned that each quarter bottle had „the paper