LexRAJESH KUMAR AND ANR. versus STATE GOVT. OF NCT OF DELHI
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[2008] 3 S.C.R. 391 RAJESH KUMAR AND ANR. v. STATE GOVT. OF NCT OF DELHI (Criminal Appeal No. 380 of 2008) FEBRUARY 25, 2008 [DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ] A B Code of Criminal Procedure, 1973- s. 293 - Reports of Government scientific experts - Deposition of expert in proceedings before the Court - Necessity of:... Held: Is not c obligatory. Punjab Excise Act, 1914 - s. 61 - Conviction under, for smuggling liquor - Upheld by courts below - High Court holding that as documents marked in terms of s. 293 Cr.P.C, examination of witness to prove the Excise Control Laboratory D "\ ~ report not required - On appeal, held: Conviction justified- However, sentence of six months simple imprisonment reduced to the period already undergone - Code of Criminal Procedure, 1973 - s. 293 - Sentence/Sentencing. It is alleged that the appellants indulged in the E smuggling of liquor from Haryana to Delhi. The raiding party intercepted the vehicle in wh.ich the appellants were traveling and apprehended the appellants. The bottles of liquor were recovered. Form M-29 was filed up. The ~ samples were sealed and seht to the Excise Control F Laboratory for testing and the samples tested positive as whisky. Prosecution examined the witnesses and they testified as to recovery of samples. Appellants were convicted for offence under s. 61 of the Punjab Excise Act, 1914 and sentenced to six months simple G imprisonment. The Sessions Judge upheld the order. In the Revision petition, the High Court referring to the ~ # evidence of the prosecution witnesses about sealing and sending samples to the Excise Control Laboratory held 391 H 392 SUPREME COURT REPORTS [2008] 3 S.C.R. ' ' A that there was no necessity for examining any witness to prove the Excise Control Laboratory report as documents were marked in terms of section 293 Cr.P.C. Hence the present appeal. B Disposing of the appeal, the Court HELD: 1.1 A bare reading of sub-sections (1) and (2) of Section 293 Cr.P.C. of Criminal Procedure shows that it is not obligatory that an expert who furnishes his opinion ,, on the scientific issue of the chemical examination of c substance, should be of necessity made to depose in proceedings before Court. [Para 9] [395-F] Usha Ko/he v. The State of Maharashtra AIR 1963 SC 1531; Bhupinder Singh v. State of Punjab AIR 1988 SC 1011 - relied on. D 2. With regard to the submission that the appellants have already suffered custody for more than three months, " . and the occurrence took place nearly 13 years back, there was no minimum sentence prescribed at the relevant point E of time. That being so, while upholding the conviction, the sentence is reduced to the period already undergone. [Para 1 O] [395-G; 396-A] CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 380 of 2008 F From the final Judgment and order dated 18/1/2007 of the High Court of Delhi at New Delhi in Crl. R.P. No. 190/2006. M.N. Krishnamani, Soumyajit Pani and Ansar Ahmad Chaudhary for the Appellants. G B.B. Singh, Abha R. Sharma and D.S. Mahra for the Respondent. The Judgment of the Court was delivered by • H Dr. ARIJIT PASAYAT, J. 1. Leave granted. RAJESH KUMAR AND ANR. v. STATE GOVT. OF NCT 393 .,. 1 OF DELHI [Dr. ARIJIT PASAYAT, J.] 2. Challenge in this appeal is to the judgment of a learned A 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. B 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, c 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 D " " 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
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