TMI Blog2015 (11) TMI 1520X X X X Extracts X X X X X X X X Extracts X X X X ..... tents of all the compartments found in the car were identical and they did not feel that each of the compartments contain different liquids. In such circumstances, it is by now well settled that it is sufficient if the sample is taken from one of the bottles or one of the compartments as the case may be. This contention therefore too should fail. Therefore, the court has found that the defence set up is totally false. On an independent analysis of the evidence in the case, it is also found that story of the accused travelling in a lorry etc., are nothing, but a cock-and-bull story. Seeking modification in the sentence order - Offence punishable under Section 55(a) - Seizure of spirit - Appellant contended that the sentence imposed is too severe and is disproportionate to the offence alleged to have been committed by the accused - Held that:- the antecedents and nature of the offence are relevant factors as regards sentencing policy is concerned. There is no antecedents or history of the accused having been involved in such transportation or carrying of contraband articles and nor after going on bail, he has done it again. Under these circumstances, it can be said that there is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... memo prepared is Ext.P2. PW1 entrusted the custody of accused, documents and the contraband article seized to the Bathery Excise Range Office. The driving licence which was found in the car was also taken into custody. PW2, who was manning the Bathery Excise Range Office, took custody of the accused, articles delivered and the documents produced and as per Ext.P5, registered Crime No.11/2000. After preparing the occurrence mahazar, arrest memo, along with the arrest memo etc. the accused was produced before the court immediately. The vehicle seized was produced before the Assistant Excise Commissioner. The entire contraband articles, after taking the sample, was produced before court. Ext.P6 is the property list produced before court. Ext.P7 is the forwarding note prepared by him and he obtained Ext.P8 report. As per the report, the liquid analyzed was spirit with 80.70 percent by volume of Ethyl Alcohol. The investigation in the crime was done by PW6. He prepared Ext.P10 scene mahazar and he took steps to have the contraband article seized destroyed as per Section 53A of the Abkari Act and took the necessary steps to have the balance contraband articles destroyed. After completing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. The court below found that his story of travelling in a lorry etc. are false and without any basis and on finding him guilty, conviction and sentence followed. 9. The learned counsel appearing for the appellant assailing the conviction contended that the number of the vehicle shown in the forwarding note and the number of the vehicle shown in the Chemical Analysis Report vary and that creates a serious doubt regarding the sample analyzed in the laboratory. It becomes extremely doubtful whether the sample analyzed in the laboratory is the sample taken from the contraband article said to have been possessed by the accused in his vehicle. It was then pointed out that there was one day's delay in producing the articles before court and that is not properly explained. Further, it was contended that even according to the prosecution, the spirit was loaded in several compartments in the car and only one sample has been taken and that is insufficient. Finally, it is contended that even according to PW1, the sample was taken with the aid of a tube and that tube had not been produced before court. These are the significant matters which go to the root of the issue and these infi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the place of incident, that remains unsubstantiated. The evidence of detection is spoken to by PWs 1, 2, 3 and 5, among whom PWs 1 and 2 are the Excise Officers. PW1 is the person who had the vehicle stopped and who had examined the vehicle. He had discovered the hidden compartments in the car containing the contraband article. He then speaks about having made it known to the accused that he had committed a crime and says that he prepared the arrest memo and had the accused arrested. He also speaks about the sample taken and he speaks about having prepared Ext.P1 mahazar also. He then says that he had the articles, accused and the documents produced before the Range Office. In his evidence regarding the detection of the offence, he gets sufficient support from the evidence of PW3, who was the member of the Special Squad attached to Preventive Office. He gives the identical version as the one given by PW1 and speaks meticulously of the each act done by PW1 regarding the seizure, preparation of documents etc.. Even though PWs 1 and 3 were cross examined at length regarding various aspects, nothing could be brought out which shows that they had any reason to falsely implicate the acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e number shown in the Chemical Analysis Report can only be a clerical error. 17. PW2, the person before whom the articles, documents and the accused were produced, has deposed before court that he prepared the occurrence report, the property list and had produced the accused and documents before the court though the contraband article was produced only on the next day. Even assuming that the articles were produced only on the next day, there is nothing to show that any prejudice has been caused or any tampering could have been done in the meanwhile. 18. As regards the contention regarding the taking of sample only from one of the compartments too is without any basis or whatsoever. PWs 1 and 3 have uniformly stated that the contents of all the compartments found in the car were identical and they did not feel that each of the compartments contain different liquids. In such circumstances, it is by now well settled that it is sufficient if the sample is taken from one of the bottles or one of the compartments as the case may be. This contention therefore too should fail. 19. Now coming to the last contention regarding the non-production of the tube used for taking sample. As ..... X X X X Extracts X X X X X X X X Extracts X X X X
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