PATNA, India, July 7 -- Patna High Court issued the following judgment on July 2:

Heard the learned counsel for the appellant as well as the learned APP for the State.

2. This appeal has been preferred against the judgment of conviction and order of sentence dated 01.07.2021 passed in Ex Trial No. 2485 of 2018, REG. No. 558 of 2018, arising out of Manjhi P.S. Case No. 71 of 2018 by Sri Dharmendra Jha, the learned 2nd Additional District and Sessions Judge-cumSepcial Judge Excise, Saran at Chapra whereby and where under the appellant has been convicted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in case of default in making payment of the fine he has further been directed to undergo rigorous imprisonment for a period of six months.

3. The informant (PW-7), ASI Anuj Kumar Pandey, states in his written report that on 01.04.2018, at about 5 a.m., he, along with ASI Lalu Prasad Mallah (PW-5), Rajendra Kumar Chakraborty (PW-1), Nawal Kishore Singh (PW-6), Chakradhwaj Paswan (PW-3), and Lokesh Ranjan (PW-4), during the course of vehicle checking, saw a truck bearing registration no. HP-22-8705 coming from Balia More, which was being driven rashly. After breaking the barrier and dismantling it, the driver attempted to escape, but he was apprehended. He disclosed his name as Pramod Kumar (the appellant). He apprised the police party that gypsum powder was there in the truck. The truck was searched and 6580 liters of English wine were recovered from that truck. The seizure list was prepared in presence of two independent witnesses. The names of those two independent witnesses have not been mentioned in the FIR. On interrogation, the appellant disclosed that the recovered liquor belonged to Sunil Sharma and one person of Haryana whose name was not within the knowledge of the appellant.

4. On the basis of written report, formal FIR was registered as Manjhi P.S. Case No. 71 of 2018. The investigation was carried out and after completion of the investigation, charge- sheet was submitted against the appellant on 30.7.2018 under Sections 30, 30(a) and 38 of Bihar Prohibition & Excise Act, 2016. The charges were framed against the appellant on 07.02.2019 under Section 30(a) of Bihar Prohibition & Excise Act, 2016 and Sections 188 and 420 of the IPC.

5. Altogether 8 witnesses were examined on behalf of the prosecution and all the 8 witnesses are the members of raiding party.

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