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| Court awarded sentence to manufacturer of illicit liquor | | |
Kathua, September, 12:- Judicial Magistrate Kathua Mr. Sunil Sangra today convicted and sentenced Subash Chander r/o Goond, who was caught red-handed by the police party on September 12, 2004 while manufacturing illicit liquor in his field and recovered 20 liters of illicit liquor to undergo imprisonment for a period of one year and fine Rs 2000/- for commission of offence u/s 48-A Excise Act.
Court after hearing both the sides observed that there is no law that statement of hostile witnesses is to be discorded in totality. This witness identified his signature but he has not stated that police obtained his signature on blank paper. Thus the non-association of this witness in the support of the prosecution does not create any doubt in the Challan. The accused has also not disputed the report of chemical examiner and neither applied for examination of chemical examiner as witness. Thus the report of chemical examiner also strengthens the prosecution story. With these observations Court said that prosecution has established offence u/s 48-A Excise Act against accused by leading cogent reliable and positive evidence beyond any doubt as such accused is awarded simple imprisonment for a period of one year and fine Rs 2000/- u/s 48-A Excise Act. |
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