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Patna High Court

Bihar through the District Magistrate, BegusaraiversusSangeeta Kumari

Decided
Disposal
DISMISSED

Holding

The appellate court dismissed the appeal, upholding the trial court’s acquittal of the accused.

Summary

The State of Bihar appealed the acquittal of Sangeeta Kumari, who was alleged to have been present in a house where a large consignment of foreign liquor was seized. The prosecution relied on the testimony of eight police witnesses and an informant, but many of those witnesses contradicted each other and could not positively identify the seized liquor or the accused’s possession of it. The trial court found that the evidence did not establish Sangeeta Kumari’s participation or control over the liquor and acquitted her. On appeal, the High Court examined whether the appellate court could disturb an acquittal and whether the prosecution’s evidence met the required standard. Citing Chandrappa v. State of Karnataka, the Court held that where the evidence allows two reasonable conclusions, the acquittal should not be disturbed. Consequently, the appeal was dismissed and the acquittal upheld.

Issues considered

  • Whether the appellate court can set aside the trial court's acquittal on the basis of the evidence presented.
  • Whether the prosecution established that the accused had possession or control over the seized foreign liquor.
  • Whether the signatures and seizure list testimonies were sufficient to prove the accused’s involvement.

Legislation cited

Subjects

  • excise
  • foreign liquor
  • seizure
  • acquittal
  • appellate review
  • evidentiary burden
  • criminal procedure
  • possession
  • conspiracy

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                       GOVT. APPEAL (SJ) No.1 of 2025
                                   In
                       GOVT. APPEAL (DB) No.2 of 2025
    Arising Out of PS. Case No.-356 Year-2018 Thana- TEGHRHA District- Begusarai
======================================================
The State of Bihar through the District Magistrate, Begusarai Bihar

                                                                  ... ... Appellant
                                      Versus

Sangeeta Kumari W/O Sanjev Raman R/O Vill.- Mathurapur South
Tola, P.S.- Teghra, Dist.- Begusarai.
                                                               ... ... Respondent
======================================================
Appearance :
For the Appellant/s      :       Mr.Rajendra Nath Jha, Advocate
For the Respondent/s     :       Mr.Rakesh Kumar, Addl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                    ORAL JUDGMENT
 Date : 16-02-2026

             Heard learned counsel appearing for appellant and

 learned APP appearing for the State.

             2. The present appeal filed on behalf of the

 appellant under Section 378 1(b) iii of Code of Criminal

 Procedure or Section 419(b)(3) of the B.N.S.S., 2023, which

 has been preferred against the judgment of acquittal dated

 14.06.2024 rendered by learned Exclusive Special Excise

 Judge, Begusarai in connection with Teghra P.S. Case No.

 356 of 2018 whereby the present respondent/accused has

 been acquitted from the charges levelled against her.
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                      3. The case of the prosecution is that on secret

         information the informant and other police personnels

         reached at the house of one Sanjeev Kumar Singh and when

         police vehicle stopped, three persons started fleeing away.

         The police party entered into the house and found a truck

         bearing Registration No. RJ20GA-9837 is standing and the

         driver and cleaner of the vehicle were indulged to unload the

         cartoons of foreign liquor from the truck. The informant

         caught two accused persons namely, Mangal Chand and

         Birma Ram on the spot. On search of the aforesaid truck, 43

         cartoons of 180 ml. and seven dibba of old freeze having with

         foreign liquor from the possession of the driver and khalasi

         were recovered. Upon questioning, the apprehended persons

         disclosed that at behest of Sanjeev Raman, they were

         unloading the foreign liquor from the said Truck and when

         police came, Sanjeev Raman, and his associates fled away.

         The informant recovered 154 cartoon of 750 ml each cartoon

         having with 12 bottles, 290 cartoon of 375 ml each with 24

         bottles, 194 cartoons of 180 ml each 48 bottles, 70 pieces of

         180 ml, 35 pieces of 180 ml, 28 pieces of 180 ml total 5896.
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         100 litres foreign liquor were seized from house of Sanjeev

         Raman and, accordingly, seizure list was prepared.

                      4. On the basis of written report of the informant

         (PW-6), the instant case was lodged against the accused for

         the offence u/s-30(a)(b) of the Excise Act and accordingly

         cognizance was taken by Special Court (Excise).

                      5. To substantiate the case, the prosecution

         produced eight (8) witnesses in this case and they are (1)

         P.W.1 Ramagayan Prasad; (2) P.W 2 Bhual Prasad; (3) P.W 3

         Rajesh Kumar; (4) P.W 4 Rinku Devi; (5) P.W 5 Bhola Sahni;

         (6) P.W.6 the informant namely, Budhdeo Paswan; (7) P.W 7

         Ram Kumar Singh and (8) PW 8 Raj Bindu Prasad.

                      6. The prosecution has also produced the following

         documentary evidence, which are as under:

                       Exhibit -1 Signature of P. W 1 on seizure list.
                       Exhibit - 2 Signature of P. W 1 on memo of arrest.
                       Exhibit - 1/1 Identification of signature of witness
                       no. 3 on seizure list.
                       Exhibit – 2/2 -Identification of signature of
                       witness no. 4 on memo of arrest.
                       Exhibit - 3- Identification of signature of witness
                       no. 5 on his self statement
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                       Exhibit -1/2- Identification of signature on seizure
                       list.
                       Exhibit -2/2 - Identification of signature on memo
                       of arrest.
                       Exhibit – 1/3- Identification of signature of
                       witness no. 5 on seizure list
                       Exhibit - 1/4- Identification of signature of
                       witness no. 6 on seizure list.
                       Exhibit -4- Received FSL report by the Court.


                      7. On the basis of testimony of aforesaid

         prosecution witnesses, the statement of accused/respondent

         was recorded under section 313 of the Cr.P.C. where she

         completely denied the evidences surfaced against her and

         claimed complete innocence and false implication. After the

         conclusion of trial, the learned Trial Court acquitted the

         respondent/accused             namely,          Sangeeta Kumari    through

         impugned judgment from the charges levelled against her.

         Being       aggrieved        with     aforesaid      order   of   acquittal,

         appellant/State preferred the present government appeal.

                      8. Hence, the present appeal.

                      9. It is submitted by learned counsel appearing on

         behalf of the appellant/State that judgment of learned trial
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         court is not convincing in terms of law for the reason that the

         presence of accused/respondent inside the room, where the

         huge consignment of Indian Made Foreign Liquor was

         recovered, was totally ignored.

                      10. It is submitted that even the seizure list

         witnesses testified before the learned trial court to identify

         their signatures and, moreover, the informant (PW-6) and

         Investigating Officer (PW-8) of this case supported the

         recovery of liquor.

                      11. Learned counsel, while arguing for the

         accused/respondent, submitted that seizure list witnesses i.e.

         PW-5 & PW-6 completely denied during the trial that any

         recovery of illicit liquor was made before them. It is submitted

         that in view of testimony of these two witnesses only, nothing

         survives in this matter and, therefore, the appeal was

         preferred without any convincing grounds.

                      12. It is submitted that nothing transpired during

         trial that accused/respondent was involved in any conspiracy

         or she was even found connected with consignment of illicit

         liquor, rather she was present inside the room where illicit
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         liquor was alleged to be stored being wife of co-accused

         namely, Sanjeev Raman.

                      13. Arguing further, it is submitted by learned

         counsel that even the seized liquor was sent to Forensic

         Science Laboratory (FSL), Patna, after ten days of the

         occurrence. It is further submitted that other prosecution

         witnesses like PW-1 & PW-2 also testified during the trial that

         they did not even marked the seized bottles or cartoons or put

         any signature thereon.

                      14. In view of aforesaid finding of learned trial court

         qua acquittal cannot be said a perverse finding, and,

         therefore, same not required to be interfered with.

                      15. In support of his submission, learned counsel

         relied upon the legal report of Hon’ble Supreme Court as

         available through Chandrappa and Others Vs. State of

         Karnataka [(2007) 4 SCC 415], where the Hon’ble Apex

         Court has held in paragraph ‘42’ which reads as under:

                      “42. From the above decisions, in our considered
                      view, the following general principles regarding
                      powers of appellate Court while dealing with an
                      appeal against an order of acquittal emerge;
                         (1) An appellate Court has full power to review,
                      reappreciate and reconsider the evidence upon which
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                      the order of acquittal is founded;
                          (2) The Code of Criminal Procedure, 1973 puts no
                      limitation, restriction or condition on exercise of such
                      power and an appellate Court on the evidence before
                      it may reach its own conclusion, both on questions of
                      fact and of law;
                          (3) Various expressions, such as, 'substantial and
                      compelling reasons', 'good and sufficient grounds',
                      'very strong circumstances', 'distorted conclusions',
                      'glaring mistakes', etc. are not intended to curtail
                      extensive powers of an appellate Court in an appeal
                      against acquittal. Such phraseologies are more in the
                      nature of 'flourishes of language' to emphasize the
                      reluctance of an appellate Court to interfere with
                      acquittal than to curtail the power of the Court to
                      review the evidence and to come to its own
                      conclusion.
                          (4) An appellate Court, however, must bear in
                      mind that in case of acquittal, there is double
                      presumption in favour of the accused. Firstly, the
                      presumption of innocence available to him under the
                      fundamental principle of criminal jurisprudence that
                      every person shall be presumed to be innocent unless
                      he is proved guilty by a competent court of law.
                      Secondly, the accused having secured his acquittal,
                      the presumption of his innocence is further
                      reinforced, reaffirmed and strengthened by the trial
                      court.
                      (5) If two reasonable conclusions are possible on the
                      basis of the evidence on record, the appellate court
                      should not disturb the finding of acquittal recorded by
                      the trial court.”



                      16. I have perused the trial court records carefully

         and gone through the evidences available on record and also

         considered the rival submissions as canvassed by learned

         counsel appearing on behalf of the parties.
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                      17. Upon perusal of records, it transpires from the

         deposition of PW-1 namely, Manoj Prasad, who was the

         member of raiding team, that he supported the case of the

         prosecution as far recovery of liquor is concerned, but upon

         cross-examination, he deposed that no cartoon was found by

         him. He was not even aware about the sample of bottles and

         even seized materials were not produced before the court

         during the trial.

                      18. Similarly, PW-2 namely Bhual Prasad, who

         was also one of the member of raiding team and supported

         the case of the prosecution as far recovery of illicit liquor is

         concerned, but, upon cross-examination, he testified during

         trial that not even a single bottle of liquor out of recovered

         liquor was brought before him in the court during the trial. He

         also deposed that the liquor was not sealed and it was also not

         marked.

                      19.      PW-3 is Rajesh Kumar. He appears to

         support the recovery and also identified his signature over

         seizure list. He identified his signature before the learned trial

         court as Exhibit -1/1. Upon cross-examination, it was
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         deposed by him that as the other family members of Sanjeev

         Raman was living in different parts of the building, therefore,

         they were arrested. He also deposed that seized materials

         were sealed before him.

                      20.       PW-4 is Rinku Kumari. She has also

         supported the recovery of illicit liquor and identified her

         signature on arrest memo which on her identification

         exhibited as Exhibit – 2/1 before the learned trial court. She

         was the member of raiding team, but could not explain the

         brand and name of the company of the liquor. She upon her

         cross-examination, also testified that she is not in a position

         to disclose the exact quantity of recovered illicit liquor for the

         reason that recovery was made in the night.

                      21. PW-5 and PW-7 are Bhola Sahani and

         Ram Kumar Singh. Both are seizure list witnesses and

         identified their signature as Exhibit – 1/3 and 1/4

         respectively. PW-5 failed to identify the accused/respondent

         during the trial whereas PW-7 identified the accused but failed

         to disclose her name. Upon cross-examination, both witnesses

         categorically deposed before the court that neither any paper
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         in connection with seizure was prepared before them nor any

         recovery was made, rather it was deposed by PW-5 that while

         he was crossing the police station on 20.09.2018, his

         signature was obtained by Police Inspector on paper. He has

         no idea about the house of accused/respondent. Similarly,

         PW-7 said that he was called by Police Inspector to police

         station and thereafter his signature was obtained on paper.

                      22. PW-6 is Budhdeo Paswan. He is the

         informant of this case and supported the recovery of

         5696.100 litres of illicit liquor, where accused/respondent

         was present as housewife. During cross-examination, he

         categorically stated that accused/respondent neither present

         on     the truck        nor near           to it. It   is deposed that

         accused/respondent was arrested only for the reason that she

         was the wife of main co-accused Sanjeev Raman, who was

         not present at the time of raid in his house. He also deposed

         that he has no knowledge regarding the articles loaded on the

         truck.

                      23. PW-8 is Raj Bindu Prasad,                     who is

         Investigating Officer of this case. He has also supported the
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         recovery        of    illicit   liquor      from   the   room   of   the

         accused/respondent and also from the truck, which was

         parked in front of her house supported total recovery of 595

         cartoons of liquor. Upon cross-examination, it was deposed by

         him that recovered articles were sent for forensic examination

         after ten days of the recovery.

                      24. In view of aforesaid evidence as available on the

         record, it can be said safely that prosecution miserably failed

         to establish recovery of alleged illicit liquor from conscious

         physical possession of this accused/respondent. It also

         appears that accused/respondent was implicated only for the

         reason that she was the wife of main co-accused Sanjeev

         Raman. Appreciating all such evidences, as discussed above,

         learned trial court acquitted the accused/respondents.

                      25. In view of same, it cannot be said that finding of

         acquittal as recorded by the learned trial court not appears

         perverse on its face and, therefore, by taking a guiding note

         of the legal report of Hon’ble Apex Court as available through

         Chandrappa’s case (supra), this Court does not find any

         occasion to interfere with the impugned judgment of
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                      acquittal, which is under challenge.

                                   26. In view of aforesaid, the present appeal is

                      devoid of any merit. Accordingly, the same stands dismissed.

                                   27. Let a copy of this judgment alongwith TCR be

                      sent to learned trial court, immediately.


                                                                      (Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR                         NAFR
CAV DATE                          NA
Uploading Date                18.02.2026
Transmission Date             18.02.2026


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