AMAR SARAN, J. - (1.) HEARD learned counsel for the applicant and learned Additional Government Advocate.
(2.) THE applicant was apprehended at about 7.45 AM on 8.4.2010 in village Sirihari selling illicit liquor. One gallon containing 9 lts. of illicit country made liquor and one plastic bag containing 22 pouches of country made liquor were recovered from the applicant. In the said bag some chemical powder and 1/2 kg urea was also found from the possession of the applicant. The applicant confessed that she has purchased the said liquor from one Bhagwat Singh and Rajesh Singh and stated that in order to increase the intoxication, she used to add the powder of diazapam and urea. The case was registered against the applicant under sections 272/273 IPC, 60 Excise Act and 8/22 of NDPS Act at police station Kapsethi, district Varanasi. It was argued by the learned counsel for the applicant that the police had implicated the applicant in a case under sections 272/273/304 IPC for which they had visited the village, but the applicant was bailed out in that main case. There is no chemical analyst report of the liquor recovered being spurious or adulterated. So far as the recovery of diazapam from the applicant was concerned, she was granted bail by the lower court.
(3.) IT is further argued that no independent witnesses have supported the recovery and the prosecution version. The applicant was actually present in her Maika and that she was falsely implicated in the present case.;