The appellate court dismissed the State's appeal in a liquor adulteration case because the prosecution failed to produce the seized bottles before the trial court, rendering the laboratory report inadmissible for conviction.
Government appeal rejected and dismissed; leave to appeal rejected.
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Court No. - 36 Case :- GOVERNMENT APPEAL No. - 594 of 2018 Appellant :- State Of U.P. Respondent :- Pankaj Arora Another Counsel for Appellant :- Shiv Kumar Pal
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
The present Government appeal has been directed against the order dated 13.03.2018 passed by the Additional District and Session Judge, Muzaffar Nagar under section 420, 468, 272, 273 IPC and section 60, 63, 72 U.P. Excise Act. It is categorically recorded by the trial court that the prosecution witnesses have not been able to establish the recovery of adulterated liquor from the possession of the accused.
The material exhibit i.e. the confiscated bottle of adulterated liquor allegedly recovered by the prosecution witnesses were not produced before the trial court. One material exhibit produced in the Court was examined and it was found that it did not contain the adulterated liquor bottles which were allegedly sent to the Chemical Laboratory for chemical examination.
It is recorded by the trial court that the confiscated bottle of liquor was directly deposited in the police station concerned, but no such recovered material was placed before the Court.
Learned AGA, challenging the judgement impugned vehemently submits that the trial court has erred in ignoring the report of the Government Chemical Laboratory affirming the adulteration in liquor samples.
However, he has not been able to substantiate his submission and the fact recorded in the judgement of the trial court regarding non production of the recovered material or material exhibit is not disputed.
In view of the fact that the alleged adulterated bottles of liquor confiscated by the Excise and Police authorities were not found in possession of the police, no credence can be attached to the report of the Government Laboratory. The said report would be a sheer waste piece of paper in so far as the present trial is concerned
No error of law or error of appreciation on facts and evidences placed before the Court, has been found in the judgment and order dated 13.03.2018 passed by the Additional District and Session Judge, Muzaffar Nagar. The prosecution has not been able to establish its case beyond all reasonable doubt.
The application seeking leave to appeal is hereby rejected.
The Government appeal, resultantly, is dismissed .
Order Date :- 15.6.2018 Himanshu
1 issue framed by the court
Whether the non-production of allegedly adulterated liquor bottles before the trial court vitiates the reliance on the Government Laboratory report.
2 provisions across 2 enactments
State Of U.P.
Pankaj Arora
Sunita Agarwal
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
