State vs Muskan Rana on 21 April, 2026

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    Delhi District Court

    State vs Muskan Rana on 21 April, 2026

                      IN THE COURT OF JMFC-05,
                     WEST, TIS HAZARI COURTS,
                                  DELHI
                Presided over by- Sh. Ankur Panghal, DJS
    Cr. Case No. -: 12629/2022
    CNR No. -: DLWT020280032022
    FIR No. -: 228/2022
    Police Station -: Anand Parbat
    Section(s) -: 33 Delhi Excise Act
    
    In the matter of -
    STATE
                                     VS.
    MUSKAN RANA
    W/o Lakhan,
    R/o 753/3, Baba Farid Puri,
    Anand Parbat, Delhi.
                                                         .... Accused Person
    
     1.     Name of Complainant         :-    HC Om Prakash
     2.     Name of accused person :-         Muskan Rana
     3.     Offence complained of       :-    33 Delhi Excise Act
            or proved
     4.     Plea of accused person      :-    Not Guilty
     5.     Date of Commission of       :-    19.04.2022
            offence
     6.     Date of Filing of case      :-    20.10.2022
     7.     Date of Reserving           :-    09.03.2026
            Order
     8.     Date of Pronouncement       :-    21.04.2026
     9.     Final Order                 :-     Acquitted
    
            Argued by -: Ms. Arunima Goel, Ld. APP for the State.
                         Sh. Deepak Juneja, Ld. Counsel for the
                         accused.                               ANKUR
                                                                            Digitally signed by
                                                                        ANKUR PANGHAL
                                                                PANGHAL Date: 2026.04.21
                                                                        16:33:13 +0530
    
    
    
    
    Cr. Case No. 12629/2022       State vs Muskan Rana           Page 1 of 21
                                      JUDGMENT
    

    BRIEF STATEMENT OF REASONS FOR THE DECISION

    FACTUAL MATRIX

    SPONSORED

    1. Briefly stated, the case of the prosecution against the
    accused is that on 19.04.2022, at about 02:00 PM at Cow Dairy
    Road, Near Garbage House, Baba Farid Puri, Anand Parbat, Delhi,
    within the jurisdiction of PS Anand Parbat, the accused was found
    in possession of illicit liquor as described in the seizure memo of
    present FIR. As such, it is alleged that the accused person has
    committed the offence under section 33 of the Delhi Excise Act,
    2009 (hereinafter, “Excise Act“), for which FIR No. 228/2022 was
    registered at Police Station Anand Parbat.

    INVESTIGAION AND APPEARANCE OF ACCUSED

    2. After registration of FIR, the investigating officer
    (hereinafter ‘IO’) conducted investigation and on culmination of
    the same, chargesheet against the present accused person was
    filed. After taking cognizance of the offence, the accused person
    was summoned to face trial. The accused Muskan Rana appeared
    in court and she was supplied the copies of documents relied upon
    in the charge sheet in terms of section 207 of the Code of Criminal
    Procedure, 1973 (hereinafter, “CrPC“).

    3. On a finding a prima facie case against the accused
    Muskan Rana, a charge was framed for the offence punishable U/s
    33 of Delhi Excise Act against the accused Muskan Rana on
    16.02.2024. The accused pleaded not guilty and claimed trial.

    Digitally
    signed by
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.04.21
    16:33:22
    +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 2 of 21
    PROSECUTION EVIDENCE

    4. During the trial, prosecution led the following oral
    and documentary evidence against the accused to prove its case
    beyond reasonable doubt: –

    ORAL EVIDENCE
    PW1 :- HC Om Prakash (Complainant)
    PW2 :- HC Homender (Ist IO)
    PW3 :- W/HC Rukmani (Accompanied IO to the
    spot)
    PW4 :- HC Ram Kishore Meena (IInd IO)
    PW5 :- HC Pawan Kumar (MHC(m))

    DOCUMENTARY EVIDENCE
    Ex. PW1/A :- Seizure memo of case property
    Ex. PW1/B :- Rukka
    Ex. PW1/C :- Site Plan
    Mark X :- Road Certificate 71/21/22 vide which the
    sample was sent to Excise Lab
    Ex. PW1/D :- Confiscation order of case property
    Ex. PW1/E :- Photographs of destroyed case property
    (colly)
    Ex. P1 :- Case property i.e., one sample bottle of
    illicit liquor
    Ex. PW2/A :- Form No. M-29
    Ex. PW5/A :- Copy of register no. 19 having entry
    (OSR) number 2848

    ADMITTED DOCUMENTS (under S. 294 CrPC)

    Ex. AD-1 :- FIR No. 228/2022 PS Anand Parbat along
    with certificate u/s 65B of The Indian
    Evidence Act
    Ex. AD-2 :- Endorsement on rukka
    Ex. AD-3 :- DD No. 41A dt. 19.04.2022 PS Anand
    Parbat
    Ex. AD-4 :- Report of the chemical examiner
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.04.21
    16:33:27 +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 3 of 21

    5. HC Om Prakash (PW-1) is the complainant in present
    case and he in his examination in chief stated on oath that on
    19.04.2022, he was posted at Ct. at PS Anand Parbat. PW1 further
    deposed that on that day he was on beat patrolling duty and at
    around 01:30 pm, one secret informer met him and told him that
    one lady will come with illicit liquor at public toilet, Janta Park at
    around 02:00 pm. PW1 further deposed at 02:00 pm the lady came
    with white colour plastic katta and secret informer pointed toward
    that lady and left the spot. PW1 further deposed that he stopped
    and asked the contents of the katta but she did not give any
    satisfactory reply and thereafter he opened the katta and illicit
    liquor was found inside the katta. PW1 further deposed that on
    counting he found 96 quarter bottles having label “Asli Masala
    Daar Santra for sell in Haryana only, 180ml”. PW1 further
    deposed that thereafter he called the IO/HC Homender and after
    some time IO along with W/Ct. Rukmani came at the spot and he
    handed over the illicit liquor to IO. PW1 further deposed that the
    name of the accused was Muskan Rana. PW1 further deposed that
    IO checked the katta and took out one sample bottle, which was
    sealed with seal of APRVT and remaining 95 quarter bottles were
    sealed in the same katta and sealed it APRVT. PW1 further
    deposed that both were seized by the IO vide seizure memo Ex.

    PW 1/A and the seal was handed over him by the IO. PW1 further
    deposed that IO also filled form no M-29 and thereafter IO
    prepared rukka Ex. PW 1/B and handed over to him with the
    instructions to lodge the FIR.

    5.1. PW1 further deposed that thereafter he went
    to PS Anand Parbat and handed over the rukka to DO. PW1 further
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date: 2026.04.21
    16:33:35 +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 4 of 21
    deposed that after sometime DO handed over the copy of FIR and
    original rukka to him with the instruction to give it to IO. PW1
    further deposed that he then returned to the spot where he handed
    over the copy of FIR and original rukka to the IO for further
    investigation. PW1 further deposed that thereafter he prepared the
    site plan Ex. PW1/C and IO then served notice U/s 41A CrPC.
    PW1 further deposed that thereafter they came back to the PS
    along with case property and the same was deposited in the
    malkhana of the PS. PW1 further deposed that later on he received
    the same sample from MHC(m) on the instruction of IO to despite
    the same to the chemical excise lab for chemical examination vide
    RC 71/21/22 Mark X. PW1 further deposed that he deposited the
    same at excise lab, ITO and no tempering had taken place under
    his custody with the sample. PW1 further deposed that IO recoded
    his supplementary statement U/s 161 CrPC. The witness has
    correctly identified the accused in court. One confiscation order
    Ex. PW 1/D and photographs of the destroyed case property Ex.
    PW 1/E(Colly) were produced by the MHC(m) concerned and the
    witness has correctly identified the case property Ex. P1 i.e., one
    sample bottle of illicit liquor.

    5.2. PW-1 was cross-examined by the Ld. Counsel
    for accused person wherein he deposed that he cannot tell when he
    left the spot finally. PW1 further deposed that he took the case
    property himself on foot and the distance between the spot and the
    PS is 500 mts. PW1 further deposed that IO came on the spot at
    about 02:30 PM and he cannot tell which document he prepared
    first. PW1 further deposed that the case property was sealed at
    about 03:45 pm and he had brought the sealing material from the
    Digitally signed
    by ANKUR
    PANGHAL
    ANKUR Date:

    PANGHAL 2026.04.21
    16:33:46
    +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 5 of 21
    PS. PW1 further deposed that he went to PS at about 03:45 pm and
    came back after 10 minutes. PW1 further deposed that he cannot
    tell the exact time when the site plan, seizure memo and rukka was
    prepared. PW1 further deposed that no seal handing over memo
    was prepared by the IO and he cannot tell how many copies of
    form M-29 were filled by the IO at the spot. PW1 further deposed
    that IO prepared the disclosure statement of the accused regarding
    the source of illicit liquor. PW1 further deposed that he cannot tell
    which documents were prepared by the IO before sending the
    rukka. PW1 admitted the fact that the spot is the residential area
    and many public persons were crossing the spot at that time. PW1
    further deposed that he does not remember whether IO had given
    any notice to any public person to join the investigation and he
    cannot tell whether W/Ct. had personally searched the accused or
    not. PW1 denied the suggestion that nothing was recovered from
    the accused and she was falsely implicated in the present case.
    PW1 further denied the suggestion that she was called at the PS
    and case property was falsely planted upon her by the IO. PW1
    further denied the suggestion that he had never visited the spot on
    the date of incident. PW1 also denied the suggestion that he is
    deposing falsely.

    6. HC Homender (PW-2) is the first IO in present case
    and he was examined on 22.05.2025, who stated on oath that on
    19.04.2022, he was posted as HC at PS Anand Parbat and on that
    day, he was on emergency duty and DO had informed him at
    around 02:00 pm that Ct. Om Prakash has recovered illicit liquor at
    public toilet, Janta Park. PW2 further deposed that after 5 minutes
    he along with W/Ct. Rukmani went to the spot and on reaching the
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.04.21
    16:33:53 +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 6 of 21
    spot, he met Ct. Om Prakash, who handed over to him one plastic
    katta containing 96 quarter bottles having label “Asli Masala Daar
    Santra for sell in Haryana only, 180ml”. PW2 further deposed that
    the name of the accused was Muskan Rana and he checked the
    katta and took out one sample bottle, which was sealed with seal of
    APRVT and remaining 95 quarter bottles were sealed in the same
    katta and sealed with seal of APRVT. PW2 further deposed that
    both were seized by him vide seizure memo Ex. PW 1/A and the
    seal was handed over to Ct. Om Prakash by him. PW2 further
    deposed that he also filled form no M-29 Ex. PW 2/A and
    thereafter, he prepared rukka Ex. PW1/B and handed over to Ct.
    Om Prakash with the instruction to lodge the FIR. PW2 further
    deposed that thereafter Ct. Om Prakash went to PS Anand Parbat
    and returned to the spot where Ct. Om Prakash handed over the
    copy of FIR and original rukka to the him for further investigation.
    PW2 further deposed that thereafter he prepared the site plan Ex.
    PW 1/C and he then served notice U/s 41A CrPC. PW2 further
    deposed that thereafter they came back to the PS along with case
    property and the case property was deposited in the malkhana of
    the PS. PW2 further deposed that he recorded statement U/s 161
    CrPC of witness and later on he sent the sample to the chemical
    excise lab for chemical examination vide RC 71/21/22 Mark X.
    PW2 further deposed that he recoded supplementary statement U/s
    161 CrPC and later on, he was transferred from PS Anand Parbat
    to 3rd BN, Vikas Puri and he submitted the case file to the MHC(r)
    of PS Anand Parbat. The witness has correctly identified the
    accused in court.

    Digitally
    signed by
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.04.21
    16:33:59
    +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 7 of 21
    6.1. PW2 was cross examined by the Ld. Counsel
    for accused, and he deposed that he left the spot finally at 05:30pm
    with W/Ct. Rukmani and Ct. Om Prakash. PW2 further deposed
    that they took the case property on his personal bike along with
    W/Ct. Rukmani. PW2 further deposed that the distance between
    the spot and the PS is 700m and he came on the spot at about 02:30
    pm. PW2 further deposed that he first of all prepared seizure memo
    and it took 20 minutes to prepare seizure memo. PW2 further
    deposed that he cannot tell exact time of sealing the case property
    but the sealing material was brought by Ct. Om Prakash. PW2
    further deposed that he cannot tell when Ct. Om Prakash brought
    the sealing material. PW2 further deposed that Ct. Om Prakash
    went to PS at about 03:45 pm and came back after 45 minutes with
    copy of FIR. PW2 further deposed that he then prepared site plan
    and served notice U/s 41A CrPC to accused. PW2 further deposed
    that no handing over memo of seal was prepared by him and he
    prepared three copies of form M-29 at the spot. PW2 further
    deposed that he does not remember whether he had prepared the
    disclosure statement of the accused regarding the source of illicit
    liquor. PW2 admitted the fact that spot is the residential area and
    many public persons were crossing the spot at that time. PW2
    further deposed that he does not remember whether he had given
    any notice to any public person to join the investigation. PW2
    further deposed that no personal search of the accused was
    conducted and deposited the case property in the malkhana at
    07:00 PM. PW2 further deposed that he does not remember
    whether he had signed register no 19 or not. PW2 denied the
    suggestion that nothing was recovered from the accused and she
    has been falsely implicated in the present case and that is why no
    ANKUR
    Digitally signed by
    ANKUR PANGHAL
    PANGHAL Date: 2026.04.21
    16:34:06 +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 8 of 21
    personal search was offered to the accused. PW2 further denied the
    suggestion that accused was called at the PS and case property was
    falsely planted upon her. PW2 further denied the suggestion that
    he had never visited the spot on the date of incident. PW2 also
    denied the suggestion that he is deposing falsely.

    7. W/HC Rukmani (PW-3) has accompanied IO to the
    spot and she in her examination in chief has deposed on the same
    lines as PW1 and PW2 and has corroborated their testimonies.

    Therefore, her testimony is not reiterated here for the sake of
    brevity.

    7.1. PW-3 was cross-examined by the Ld. counsel
    for accused person wherein she deposed that she left the spot
    finally at about 04:00 PM with HC Homender. PW3 further
    deposed that she cannot tell how the case property was taken to the
    PS. PW3 further deposed that the distance between the spot and the
    PS is 1-1.5 Kms. PW3 further deposed that she came at the spot
    with HC Homender at about 03:30 PM. PW3 further deposed that
    she does not remember IO prepared which document first. PW3
    further deposed that she cannot tell exact time of sealing the case
    property but the sealing material was brought by the Ct. Om
    Prakash. PW3 further deposed that she cannot tell when Ct. Om
    Prakash brought the sealing material. PW3 further deposed that Ct.
    Om Prakash went to PS at about 04:00 PM and came back after 30
    minutes with copy of FIR. PW3 further deposed that she does not
    remember what document was prepared by IO after the
    registration of the FIR. PW3 further deposed that she does not
    remember whether she conducted the personal search of accused
    or not. PW3 further deposed that she does not remember whether
    Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.04.21
    16:34:12 +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 9 of 21
    IO clicked any photograph of the spot or not. PW3 further deposed
    that HC Homender handed over the seal at about 03:30 P.M. and
    no handing over memo of seal was prepared by her. PW3 further
    deposed that she does not remember how many copies of form
    M-29 were prepared by the IO. PW3 further admitted the fact that
    spot is the residential area and many public persons were crossing
    the spot at that time. PW3 further deposed that she does not
    remember whether IO had given any notice to any public person to
    join the investigation. PW3 denied the suggestion that nothing was
    recovered from the accused and she was falsely implicated in the
    present case and that is why no personal search was offered to the
    accused. PW3 further denied the suggestion that accused was
    called at the PS and case property was falsely planted upon her.
    PW3 further denied the suggestion that she had never visited the
    spot on the date of incident. PW3 also denied the suggestion that
    she is deposing falsely.

    8. HC Ramkishore Meena (PW-4) is the second IO in
    present case and he was examined on 09.01.2026, who stated on
    oath that on 23.06.2022 he was posted as HC at PS Anand Parbat
    and on the said date the investigation of the present case was
    marked to him and the case file was handed over by MHC(r). PW4
    further deposed that thereafter, he proceeded with the investigation
    of the case and during the investigation, on 01.07.2022 he obtained
    report from the Excise Department, ITO and placed the same on
    record. PW4 further deposed that as the investigation of the case
    was complete, he prepared the charge sheet and filed the same
    before the Hon’ble Court. The witness deposed that he can identify
    the accused and identity of accused was not disputed by the Ld.
    Digitally signed

    Counsel for the accused.

    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.04.21
    16:34:18 +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 10 of 21
    8.1. PW-4 was cross-examined by the Ld. counsel
    for accused person wherein he deposed that he did not investigate
    further regarding the source of liquor. The witness denied the
    suggestion that he is deposing falsely.

    9. HC Pawan Kumar (PW-5) in his examination in chief
    has deposed that on 19.04.2022 he was posted as MHC(m) at PS
    Anand Parbat and on the said date case property of the present case
    i.e., illicit liquor was deposited by the IO in the malkhana. PW5
    further deposed that an entry with respect to the same was also
    made in the register no. 19 vide entry number 2848 Ex. PW 5/A
    (OSR). The witness has produced original register no. 19 having
    the entry number 2848 along with the photocopy of the said entry.

    PW5 further deposed that on 05.05.2022 he had handed over the
    sample bottle along with the road certificate Mark X form to
    constable Om Prakash for depositing the same with Chemical
    Examiner Excise Department, Delhi.

    9.1. PW-5 in his cross examination by the Ld.
    Counsel for the accused has admitted the fact that in entry no. 2848
    in register no. 19 no signatures of IO as well as no time was
    mentioned on that day when the case property was deposited. PW5
    denied the suggestion that he is deposing falsely at the instance of
    the IO.

    STATEMENT OF ACCUSED

    10. Thereafter, before the start of defence evidence, in
    order to allow the accused to personally explain the incriminating
    circumstances appearing in evidence against her, the statement of
    accused was recorded without oath on 09.03.2026 under section
    313
    CrPC in which she stated that she has been falsely implicated Digitally signed by ANKUR PANGHAL
    ANKUR PANGHAL Date: 2026.04.21 16:34:27 +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 11 of 21
    in the present case and nothing was recovered. She further stated
    that she does not want to lead any defence evidence and matter was
    listed for final arguments.

    ARGUMENTS

    11. I have heard the Ld. APP for the state and Ld.
    counsel for the accused at length. I have also given my thoughtful
    consideration of the material appearing on record.

    12. It is argued by the Ld. APP for the state that all the
    ingredients of the offence are fulfilled in the present case. The
    recovery of illicit liquor stands proved from the ocular as well as
    documentary evidence. She has argued that oral as well as
    documentary evidence has proved the offence beyond reasonable
    doubt. As such, it is prayed that accused be punished for the said
    offence.

    13. Per contra, Ld. counsel for the accused has argued
    that the state has failed to establish its case beyond reasonable
    doubt. Ld. counsel submits that there are material inconsistencies
    in the testimonies of witnesses, examined by the prosecution. It has
    been argued that PW1/HC Om Prakash in his cross-examination
    has deposed that the case property was taken on foot, whereas
    PW2/HC Homender has deposed that case property was taken on
    personal bike. It is further argued that no seal handing over memo
    was prepared. It is further submitted that accused has been falsely
    implicated in the present case. As such, it is prayed that accused be
    acquitted of the said offence.

    Digitally signed
    by ANKUR
    PANGHAL

    ANKUR Date:

    PANGHAL 2026.04.21
    16:34:33
    +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 12 of 21
    APPRECIATION OF EVIDENCE

    14. Before dwelling into the facts of the present case, it
    would be apposite to discuss the legal standards required to be met.
    In order to establish the offence under Section 33 of the Delhi
    Excise Act, the prosecution must fulfil all the essential ingredients
    of the offence. Section 33 of the Delhi Excise Act is reproduced for
    ready reference-

    “33. Penalty for unlawful import, export, transport, manufacture,
    possession, sale, etc. (1) Whoever, in contravention of provision
    of this Act or of any rule or order made or notification issued or of
    any licence, permit or pass, granted under this Act– (a)
    manufactures, imports, exports, transports or removes any
    intoxicant; (b) constructs or works any manufactory or
    warehouse; (c) bottles any liquor for purposes of sale; (d) uses,
    keeps or has in his possession any material, still, utensil,
    implement or apparatus, whatsoever, for the purpose of
    manufacturing any intoxicant other than toddy or tari; (e)
    possesses any material or film either with or without the
    Government logo or logo of any State or wrapper or any other
    thing in which liquor can be packed or any apparatus or
    implement or machine for the purpose of packing any liquor; (f)
    sells any intoxicant, collects, possesses or buys any intoxicant
    beyond the prescribed quantity, shall be punishable with
    imprisonment for a term which shall not be less than six months
    but which may extend to three years and with fine which shall not
    be less than fifty thousand rupees but which may extend to one
    lakh rupees”

    15. I have carefully gone through all the records at hand
    and testimony of the witnesses. After perusal, this court is of the
    opinion that the point for determination in the present case is:

    I. Whether on 19.04.2022 at about 02:00
    PM at Cow Dairy Road, Near Garbage House, Baba
    Farid Puri, Anand Parbat, Delhi, within the jurisdiction
    of PS Anand Parbat, the accused was found in
    possession of illicit liquor as described in seizure memo
    without having any permit or license, at the relevant
    Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL 16:34:46
    Date: 2026.04.21
    +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 13 of 21
    place and thereby committed an offence punishable U/s
    33 of Delhi Excise Act.

    16. In criminal law, the burden of proof on the
    prosecution is that of beyond reasonable doubt. On a bare perusal
    of the above offence, it can be culled out that the prosecution has to
    prove that the accused was found in possession of illicit liquor, and
    the said possession of the accused was without any permit, licence
    or pass. Thus, it is essential to prove the recovery from the
    accused.

    17. The Ld. APP has relied upon Section 52 of the Delhi
    Excise Act. As per ld. APP for the state, as soon as the accused is
    charged of commission of the offence punishable under Section 33
    of the Delhi Excise Act, a presumption in favour of the prosecution
    is raised under Section 52 of the Delhi Excise Act. The said
    argument does not find favour with this Court. Section 52 of the
    Delhi Excise Act reads as under:

    “Presumption as to commission of offence in certain cases – (1) In
    prosecution under Section 33, it shall be presumed, until the
    contrary is proved, that the accused person has committed the
    offence punishable under that section in respect of any intoxicant,
    still, utensil, implement or apparatus, for the possession of which
    he is unable to account satisfactorily.

    (2) Where any animal, vessel, cart or other vehicle is used in the
    commission of an offence under this Act, and is liable to
    confiscation, the owner thereof shall be deemed to be guilty of
    such offence and such owner shall be liable to be proceeded
    against and punished accordingly, unless he satisfies the court
    that he had exercised due care in the prevention of the
    commission of such an offence”.

    18. The words “for the possession of which he is unable
    to account satisfactorily” used in Section 52(1) of the Delhi Excise
    Act stipulates that as a prerequisite for the presumption under the
    aforesaid provision being raised against the accused, it is ANKUR Digitally signed by ANKUR
    PANGHAL

    PANGHAL Date: 2026.04.21 16:34:53
    +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 14 of 21
    imperative for the prosecution to successfully establish the
    recovery of the said alleged articles from the possession of the
    accused. It is only after the prosecution has proved the possession
    of the alleged articles by the accused, that the accused can be called
    upon to account for the same. However, for the reasons mentioned
    hereinafter the prosecution has failed to establish beyond
    reasonable doubt that the accused was found in possession of the
    alleged illicit liquor. Accordingly, no presumption as provided for
    under Section 52 of the Delhi Excise Act can be raised against the
    accused in the present case.

    19. In the present case the prosecution story rests
    entirely on the alleged recovery of case property i.e., illicit liquor,
    from the possession of accused by police official i.e., PW1 who
    was on patrolling duty at the relevant time and place of incident. At
    the outset, it is observed that evidence of departure entry has not
    been led by PW-1 in his examination in chief or his cross-
    examination. Furthermore, no evidence of any arrival entry of
    PW1 has been led by the state. PW1 has nowhere, in his
    examination in chief or cross examination has stated that he had
    made any DD entry regarding his departure or arrival entry at the
    PS. Police officials are under a statutory duty to mark their
    departure and arrival in the register kept in the police station for the
    purpose as per the Punjab Police Rules. It is relevant here to
    reproduce Chapter 22 Rule 49 of the Punjab Police Rules, 1934,
    which reads as under:

    “22.49 Matters to be entered in Register No. II
    The following matters shall, amongst others, be entered:

    (c) The hour of arrival and departure on duty at or from a police
    station of all enrolled police officers of whatever rank, whether
    posted at the police station or elsewhere, with a statement of the
    Cr. Case No. 12629/2022 State vs Muskan Rana ANKUR
    Page 15 of 21
    Digitally signed by ANKUR
    PANGHAL
    PANGHAL Date: 2026.04.21 16:35:04 +0530
    nature of their duty. This entry shall be made immediately on
    arrival or prior to the departure of the officer concerned and shall
    be attested by the latter personally by signature or seal.

    Note: The term Police Station will include all places such as
    Police Lines and Police Posts where Register No. II is
    maintained.”

    PW1 has not tendered any such entry into evidence to
    corroborate his stand regarding making of departure or arrival
    entry at PS.

    20. In the present case, the prosecution has not led
    evidence of any public person. All the witness are police officials.
    It is not the case of the prosecution that no public person was
    present at or near the spot of arrest and recovery. In fact, in the
    testimony of PW1, PW2, PW3 as well as in rukka it has been stated
    that police official did ask certain public persons to join the
    proceedings however they refused citing just reasons. Further,
    PW1, PW2 and PW3 have stated that IO asked public persons to
    join the investigation and also submitted that they do not
    remember whether any notice was given to any person by the IO.
    PW2/IO neither recorded their names and addresses. Further, there
    is nothing on record to show that IO had served any notice under
    Section 160 Cr.PC. upon the persons who refused to join the
    investigation. Thus, the prosecution has failed to prove that any
    serious effort was made by PW1, PW2 and PW3 to join public
    witnesses in the proceedings. It is a well settled proposition that
    non joining of public witness shrouds doubt over the fairness of the
    investigation by police. Section 100(4) of the Cr.PC also casts a
    statutory duty on an official conducting search to join two
    respectable persons of the society. Same has not been done in the

    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.04.21
    16:35:11 +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 16 of 21
    present case. This casts a doubt on the fairness of the investigation.
    Reliance is placed on paragraph 6 of the judgment in Pawan
    Kumar vs. The Delhi Administration
    , 1989 Cri.L.J. 127, wherein
    the Hon’ble High Court of Delhi had observed as under:

    ” … According to Jagbir Singh, he did not join any public witness
    in the case while according to Kalam Singh, no public person was
    present there. It hardly stands to reason that at a place like a bus
    stop near Subhas Bazar, there would be no person present at a
    crucial time like 07.30 p.m. when there is a lot of rush of
    commuters for boarding the buses to their respective destinations.
    Admittedly, there is no impediment in believing the version of the
    Police officials but for that the prosecution has to lay a good
    foundation. At least one of them should deposed that they tried to
    contact the public witnesses or that they refused to join the
    investigation. Here is a case where no effort was made to join any
    public witness even though number of them were present. No
    plausible explanation from the side of the prosecution is
    forthcoming for not joining the independent witnesses in a case of
    serious nature like the present one. It may be that there is an
    apathy on the part of the general public to associate themselves
    with the Police raids or the recoveries but that apart, at least the
    I.O. should have made an earnest effort to join the independent
    witnesses. No attempt in this direction appears to have been made
    and this, by itself, is a circumstance throwing doubt on the arrest
    or the recovery of the knife from the person of the accused.”

    In a case law reported as Anoop Joshi vs. State, 1992 (2) C.C.
    Cases 314 (HC), Hon’ble High Court of Delhi has observed as
    under:

    “18. It is repeatedly laid down by this Court that in such cases it
    should be shown by the police that sincere efforts have been made
    to join independent witnesses. In the present case, it is evident
    that no such sincere efforts have been made, particularly when we
    find that shops were open and one or two shopkeepers could have
    been persuaded to join the raiding party to witness the recovery
    being made from the appellant. In case any of the shopkeepers
    had declined to join the raiding party, the police could have later
    on taken legal action against such shopkeepers because they
    could not have escaped the rigours of law while declining to
    perform their legal duty to assist the police in investigation as a
    citizen, which is an offence under the IPC“.

    Digitally
    signed by
    ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.04.21
    16:35:17
    +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 17 of 21

    21. This Court is, however, conscious that the
    prosecution case cannot be thrown out or doubted on the sole
    ground of non-joining of public witnesses as public witnesses keep
    themselves away from the Court unless it is inevitable, as has been
    held in Appabhai and another vs. State of Gujarat, AIR 1988 SC

    696. However, in the present case, it is not only the absence of
    public witnesses which raises a doubt on the prosecution but there
    are other circumstances too, as discussed hereinabove and
    hereinafter, which raise suspicion over the prosecution version.

    22. Further, as per the testimonies of the prosecution
    witnesses, the sample of liquor and case property were sealed by
    the PW2 with the seal of “APRVT”. However, no handing over
    memo regarding the same was prepared. Further, the seal in the
    present case was not handed over to any independent witness nor
    was it deposited in the malkhana to assail the possibility of its
    misuse. Thus, the possibility that the case property may have been
    tampered with cannot be ruled out. The seizure memo Ex.PW1/A
    was made on 19.04.2022 and PW5 has deposed that he has sent the
    samples to Excise Lab on 05.05.2022, i.e., after a delay of around
    15 days. PW2 deposed that he deposited the case property in
    malkhana on 19.04.2022. As such, the prosecution has not been
    able to prove that there was no scope of tampering. Therefore, the
    evidence of the witnesses on this point does not inspire confidence.

    23. Moving ahead, PW1, PW2 and PW3 have deposed
    that seizure memo Ex. PW1/A was prepared before rukka was sent
    to the police station for registration of the FIR. The FIR was,
    therefore, admittedly registered after the preparation of seizure
    memo Ex. PW1/A. Accordingly, it follows that the number of the
    FIR would have come to the knowledge of the PW2 only after a Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL 16:35:24
    Date: 2026.04.21
    +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 18 of 21
    copy of the FIR was brought to the spot by PW1. Thus, ordinarily,
    the FIR number should not find mention in the seizure memo,
    which came into existence before registration of the FIR.
    However, interestingly, the seizure memo Ex. PW1/A bears the
    FIR number and case details. The same indicates that FIR number
    was mentioned on the said document while preparing the same.
    Reliance here is placed on the decision of the Hon’ble High Court
    of in Pawan Kumar vs. The Delhi Administration, 1989 Cri.L.J.
    127 wherein it was observed in as under:

    “… Learned counsel for the State concedes that immediately after
    the arrest of the accused, his personal search was affected and the
    memo Ex. PW11/D was prepared. Thereafter, the sketch plan of
    the knife was prepared in the presence of the witnesses. After that,
    the ruqa EX. PW11/F was sent to the Police Station for the
    registration of the case on the basis of which the FIR, PW11/G
    was recorded. The F.I.R. is numbered as 36, a copy of which was
    sent to the I.O. after its registration. It comes to that the number of
    F.I.R. 36 came to the knowledge of the I.O. after a copy of it was
    delivered to him at the spot by a constable. In the normal
    circumstances, the F.I.R. No. should not find mention in the
    recovery memo or the sketch plan which had come into existence
    before the registration of the case. However, from the perusal of
    the recovery memo, I find that the FIR is mentioned whereas the
    sketch plan does not show the number of the FIR. It is not
    explained as to how and under what circumstances the recovery
    memo came to bear the F.I.R. No. which had already come into
    existence before the registration of the case. These are few of the
    circumstances which create a doubt, in my mind, about the
    genuineness of the weapon of offence alleged to have been
    recovered from the accused.”

    24. Furthermore, in paragraph 4 of Mohd. Hashim vs.
    State
    , 1999 VI AD (Delhi) 569, the Hon’ble High Court of Delhi
    observed:

    “… Surprisingly, the secret information (Ex. PW7/A) received by
    the Sub Inspector Narender Kumar Tyagi (PW7), the notice under
    Section 50 of the Act (Ex. PW5/A) alleged to have been served on
    the appellant, the seizure memo (Ex. PW1/A) and the report
    submitted under Section 57 of the Act (Ex. PW7/D) bear the
    number of the FIR (Ex. PW4/B). The number of the FIR (Ex.
    PW4/B) given on the top of the aforesaid documents is in the
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.04.21
    16:35:31 +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 19 of 21
    same ink and in the same handwriting, which clearly indicates
    that these documents were prepared at the same time. The
    prosecution has not offered any explanation as to under what
    circumstance number of the FIR (Ex.PW4/B) had appeared on the
    top of the aforesaid documents, which were allegedly prepared on
    the spot. This gives rise to two inferences that either the FIR (Ex.
    PW4/B) was recorded prior to the alleged recovery of the
    contraband or number of the said FIR was inserted in these
    documents after its registration. In both the situations, it seriously
    reflects upon the veracity of the prosecution version and creates a
    good deal of doubt about recovery of the contraband in the
    manner alleged by the prosecution.”

    25. In the instant case as well, no explanation has been
    furnished on record as to how the FIR number and case details
    have appeared on the seizure memo Ex. PW1/A. The same leads to
    inference that either the said document was prepared later or that
    the FIR had been registered earlier in point of time. In both the
    aforesaid cases a dent is created and unexplained holes are left in
    the prosecution story, the benefit of which must accrue to the
    accused.

    26. The facts that no independent witness was cited or
    examined, daily diary entry regarding departure and arrival of
    PW1 has not been proved, possibility of misuse of seal cannot been
    ruled out, the appearance of FIR number and case particulars on
    the seizure memo has not been explained and contradictions in the
    testimony of prosecution witnesses, when kept in juxtaposition to
    each other, cast a cloud of suspicion over the prosecution version.
    In view of the aforesaid, the possibility of false implication of the
    accused in the present case cannot be ruled out. Considering the
    discussion on the above issues, the inevitable conclusion is that the
    prosecution has failed to prove that illicit liquor was recovered
    from the possession of the accused.

    Digitally signed
    by ANKUR
    PANGHAL

    ANKUR Date:

    PANGHAL 2026.04.21
    16:35:42
    +0530

    Cr. Case No. 12629/2022 State vs Muskan Rana Page 20 of 21
    CONCLUSION

    27. To recapitulate the above discussion, to bring home
    the guilt of the accused, the prosecution was required to prove the
    offence of Section 33 of the Excise Act beyond reasonable doubt.
    The accused has been successful in pointing out the deficiencies in
    the case of the prosecution. The recovery of the illicit liquor from
    the possession of the accused, which was the essential ingredient
    of the offence, is highly doubtful. The fact that independent
    witnesses were not joined, despite abundant availability, casts
    serious doubt on the version of the prosecution. Further, the
    accused has been able to raise doubts with respect to the possibility
    of tampering with the case property. The other material on record
    does not inspire confidence and a conviction cannot be based on
    the said material.

    28. Resultantly, the prosecution has failed to prove the
    offences beyond reasonable doubt and the accused is entitled to the
    benefit of doubt. As such, the accused MUSKAN RANA W/o
    Lakhan is hereby found not guilty. She is ACQUITTED of the
    offences under Section 33 of Delhi Excise Act.

    29. Case property confiscated to the State and disposed
    off as per law if not already done.

    30. File be consigned to record room, after due
    compliance.

    Announced in open court on 21.04.2026 in the presence of the accused.
    The judgment contains 21 pages and each page have been signed by the undersigned.

                                                               ANKUR       Digitally signed by ANKUR
                                                                           PANGHAL
                                                               PANGHAL     Date: 2026.04.21 16:35:56 +0530
    
    
    
    
                                                          (ANKUR PANGHAL)
                                                         JMFC-05, West District,
                                                         Tis Hazari Courts, Delhi
                                                              21/04/2026
    Cr. Case No. 12629/2022             State vs Muskan Rana                Page 21 of 21
     

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