Decided on May 23,2013



- (1.) Accused Yuvraj Singh was tried for the offence punishable under Section 60(3) of the U.P. Excise Act, 1910, on the basis of chargesheet filed against him. He was found guilty and was convicted of the said offence. Convict Yuvraj Singh was awarded a fine of Rs. 5,000/-, in default of payment of which, he was directed to undergo 15 days' rigorous imprisonment vide order dated 27th September 2005. Aggrieved against the said order dated 27.09.2005, a criminal appeal was preferred. The said criminal appeal was dismissed by learned Sessions Judge, Uttarkashi vide order dated 08.08.2006, whereby the conviction and sentence of the appellant Yuvraj Singh was affirmed.
(2.) Aggrieved against said order, present criminal revision was preferred. Even a glance over the judgments of the trial court as well as learned lower appellate court would reveal that there was no illegality in the concurrent findings of the courts below. The allegation, which was proved against the accused revisionist was that on 05.09.2003, at 10:45 P.M., he was found to have consumed the intoxicant in contravention of the U.P. Excise Act and the rules made there under, near Akashganga Hotel, Joshiyada Bazar, within the jurisdiction of police station Kotwali Uttarkashi, District Uttarkashi.
(3.) PW1 Dr. V. Bhardwaj, PW2 Constable C.P. Vivek Kumar, PW3 Madan Mohan Bhatt, PW4 H.C.P. Kundan Singh Danu were examined on behalf of the prosecution. Prosecution also proved medical report (Ext. Ka-1) of the accused, chik FIR (Ext. Ka-2), complaint (Ext. Ka-3), copy of GD (Ext Ka-4), site plan (Ext. Ka-5) and chargesheet (Ext. Ka-6). PW1 Dr. V. Bhardwaj conducted medical examination of the accused on 06.09.2003. Accused was found to have consumed alcohol. The blood sample of the accused was taken. Accused did not give his urine sample. PW1 Dr. V. Bhardwaj proved his report (Ext. Ka-1). PW2 Constable Vivek Kumar arrested the accused when he was found to have consumed intoxicant. PW2 proved chik FIR (Ext. Ka-2). PW3 Madan Mohan Bhatt proved chik FIR (Ext. Ka-3) and entry of the same in the GD (Ext. Ka-4). PW4 H.C. Kundan Singh Danu is the investigating Officer, who investigated the case, prepared site plan (Ext. Ka-5), sent the blood sample for chemical examination and after being satisfied that the accused consumed intoxicant, submitted chargesheet (Ext. Ka-6) against him. PW1 Dr. V. Bhardwaj was a Medical Officer and has opined that the accused consumed intoxicant. There was no reason to disbelieve the opinion of an independent Medical Officer. The Judicial Magistrate, Uttarkashi, after having found that the prosecution was able to prove the case against the accused beyond reasonable doubt, convicted accused revisionist under Section 60(3) of the U.P. Excise Act, 1910 (applicable to the State of Uttarakhand with certain amendments).;

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