Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Delhi High Court dismissing the revision petition filed by the appellants. By the revision petition challenge was to the judgment of learned Additional Sessions Judge, New Delhi, upholding the conviction and sentence imposed by the learned Metropolitan Magistrate.
(3.) Background facts in a nutshell are as follows: The appellants were alleged to have been indulging in smuggling of liquor from Haryana to Delhi. The prosecution alleged that upon receipt of information, S.I. Lalit Mohan, alongwith certain police officials, constituted a raiding party, assembled near a traffic intersection and on 8.4.1994 at about 1.45 A.M. intercepted a Tata 407 vehicle in which the appellants were travelling. Despite being signalled to stop, the vehicle sped away. The police officials chased it, and stopped it and apprehended the appellants. Eighteen cartons containing 12 bottles of "Bonnie Scot" Special Malt Whisky, each being an 750 ml bottle, were recovered. Two sample bottles were taken out separately as samples and (from each carton i.e., 36 bottles). The heads of the samples bottles were enclosed in White Pullanda and sealed with the letters "LMN". Form M-29 was also filled. The seal was handed over to Head Constable Satpal Singh. An FIR was lodged and a site plan was prepared. The appellants were arrayed as accused and arrested. The Excise Control Laboratory opined that the samples submitted tested positive as Whisky. The appellants were charged with having committed offence under Section 61 of the Punjab Excise Act, 1914 (in short the Act). They stood trial pleading not guilty.;