RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order, Criminal Misc. Nos. 6113-M of 1992 and 7186-M of 1997 are being disposed of as both the petitions have been filed for quashing FIR No. 249 dated 9.7.1990 Police Station, Nissing, registered against the petitioners under Sections 61/1/14 of the Excise Act.

(2.) The prosecution story is that ASI Raghbir Singh and Head Constable Rampal Singh, Santokh Singh, 268 were going from the side of the Police Station Nissing towards the Anaj Mandi Nissing in connection with patrol duty and for the detection of the crime. When they reached in front of the hotel of Subhash s/o Sunder Dass resident of Nissing and looked towards the hotel then two persons, petitioners herein, were sitting separately on two benches while holding a peg of liquor each in glasses and Subhash owner of the hotel while holding a steel jug (small size) in his right hand, after pouring water in peg of Gurdeep Singh was pouring water in the peg of Rajinder Singh. A half bottle of English liquor of Premium whisky filled up to half was lying on the table which was lying in front of them. Both the persons had thrown the pegs of whisky on the ground which they were holding in their hands, on seeing the police.

(3.) Learned counsel for the petitioner argued that in the F.I.R., it is mentioned that two persons were sitting on the bench and the owner of the dhaba was pouring water in their glasses. The half bottle of whisky was lying there. There is no evidence that there was whisky in their glasses and they were drinking. Even if adverse inference is to be drawn in favour of the prosecution that no person should sit on a table with half bottle of open whisky and owner of the dhaba was pouring water in their glasses only, then also minor offence is committed. The instant case was registered. The punishment in such cases is minor and generally accused are released on probation. This, the FIR may be quashed.