The High Court of Chhattisgarh has acquitted a woman who was convicted of illegally possessing country liquor, citing lapses in the prosecution’s case and non-compliance with legal procedures.
Case Background:
In Criminal Revision No. 479 of 2011, Smt. Sanno, a 45-year-old resident of Village Palora in Bastar district, challenged her conviction under Section 34(1)(a) of the Chhattisgarh Excise Act, 1915. She was initially convicted by a lower court for possessing 3 liters of country-made Mahua liquor and sentenced to three months of rigorous imprisonment along with a fine of Rs. 5,000. On appeal, the sentence was reduced to one month, but the conviction was upheld.
Key Legal Issues:
1. Validity of seizure and documentation procedures
2. Compliance with Section 57(a) of the Excise Act
3. Reliability of witness testimonies
4. Chain of custody and safe storage of seized liquor
5. Delay in chemical analysis of the seized liquor
Court’s Decision:
Justice Radhakishan Agrawal, delivering the judgment on July 1, 2024, allowed the revision and acquitted Smt. Sanno of all charges. The court highlighted several deficiencies in the prosecution’s case:
1. Inconsistencies in seizure memo: The crime number was mentioned in the seizure memo before the FIR was actually registered, raising doubts about the authenticity of the documents.
2. Lack of proper sealing: The seized liquor was not properly sealed, and no sample seal was affixed on the seizure memo.
3. Delayed chemical analysis: The seized liquor was sent for examination 10 days after seizure without any explanation for the delay.
4. Non-compliance with Section 57(a): The prosecution failed to prove compliance with the mandatory reporting requirements under the Excise Act.
5. Unreliable witness testimonies: The court found discrepancies in the statements of prosecution witnesses, with some failing to support the prosecution’s case.
The court emphasized that these lapses collectively created reasonable doubt about the prosecution’s case. Citing a previous judgment (Suresh Kumar vs. State of Chhattisgarh, 2006), the court reiterated the importance of following proper procedures in excise cases.
The court ordered that any fine paid by Smt. Sanno should be refunded. This judgment underscores the importance of adhering to proper legal procedures in excise cases and the court’s role in scrutinizing evidence to ensure justice.
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Legal Representation:
– For the Applicant: Shri Shashwat Mishra, on behalf of Shri Manoj Paranjpe
– For the State: Smt. Pragya Shrivastava, Deputy Government Advocate
