Delhi District CourtState vs Seema & Ors. on 26 May, 2010IN THE COURT OF SHRI RAJ KUMAR CHAUHAN
     ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE: NDPS:
            TIS HAZARI COURTS:(WEST) DELHI

                                   FIR no. 73/09
                              Police station  : Khyala 
                             U/s328/304/201/120 BIPCState V/s Seema & ors.  
ORDER ON CHARGE

Present :       Ld. APP for State  
                Accused Randeep is on interim bail.
                Other Accused  persons are in judicial custody with their 
                respective counsels.

                The brief facts giving rise to registration of the present FIR and

arrest of the accused persons is as under : 

                During   the  present  liquor tragedy  cases  26 persons  lost  their

lives and several other were hosptialized at various hospital in Delhi.  In this

regard, 26 cases were registered at police stations Dabri, Khyala and Rajouri

Garden including the present one.  During the investigation of liquor tragedy

cases it transpired that spurious liquor of Shokeen brand was manufactured

at premises no. 6/1/8 Khasra no. 515 (6­17) 517 (6­1) Basai Enclave Part 1,

Near Shringri Gas Godown, Gurgaon by accused persons namely Raman,

Chaman,   Pawan   @  Pujari   ,  Subhash , Anil  , Biru etc;    besides  Shokeen

brand,  other brands of liquor was also manufactured by them;  stickers etc

were provided by accused Kuldeep , the raw spirit was arranged by Subhash

& Suraj @ Bhim from accused Randeep @ Nanhe .  After manufacturing the



FIR no. 73/09                                                            Page 1 of 17
 spurious liquor it was given to accused Sukhbir @ Sukhu for supplying to

Basanta , a bootlegger in Delhi.  During the investigation of liquor tragedy

cases,   spurious   liquor   of     Shokeen   brand   was   recovered   vide   FIR   no.

140/09 , PS Dabri, 144/09 , PS Dabri, 73/09 PS Khyala and 132/09 PS Dabri.

Further,   stickers of Shokeen Brand were also recovered in case FIR no.

71/09 PS Khyala from the manufacturing unit at Gurgaon .   Case property

(spurious liquor/stickers of Shokeen brand ) of all the above cases including

the recovered rectified spirit etc (seized in FIR no. 71/09 PS Khyala) were

sent to FSL Rohini for comparison with original samples of Queen Distillers,

Chandigarh   including   comparison   of   recovered   spurious   liquor   amongst

themselves.   After comparison , opinion of expert has been obtained and it

has been opined that spurious liquor (including shape of bottles , labels /

stickers   ,   cap   etc   )   recovered  in  FIR   no.   71/09  PS   Khayala   ,  140/09   PS

Dabri , 144/09 PS Dabri , 73/09 PS Khyala and 132/09 PS Dabri does not

resemble with the original samples seized and sent for comparison in FIR no.

144/09 , PS Dabri and are forged and the spurious liquor (including bottles ,

caps and stickers etc) recovered in FIR no. 132/09 PS Dabri, FIR no. 71/09

PS Khayala , 140/09 PS Dabri, 144/09 PS Dabri, 73/09 , PS Khyala were

similar in terms of shape of bottles, design , size, printing etc of caps and

stickers /labels .  It is pertinent to mention here that methyl alcohol was also

found in the the samples of spurious Shokeen brand liquor recovered in cases

vide FIR no. 140/09, PS Dabri, 144/09, PS Dabri , 73/09 PS Khyala .


2      That on 13.11.2009 a supplementary challan in respect of 7 accused


FIR no. 73/09                                                                   Page 2 of 17
 persons namely Sukhbir , Subhash Chand, Suraj , Kuldeep Kumar, Randeep ,
Raman Singh and Chaman Singh was filed . As per allegations on 3.4.2009 ,
the co-accused Seema in the main challan had sold one quarter bottle make
Shokeen to the victim Mukesh s/o Mahipal which was consumed by him and
after consuming it , he started vomiting and also suffered breathing trouble
and was hospitalized . The doctor gave the final opinion on the MLC that he
had consumed suspected spurious alcohol poisoning Methyl Alcohol.

3     Roll and recoveries of each arrested accused is as under as : ­

Accused Raman Singh and Chaman Singh 

      On 11.5.2009 both were apprehended in a Wagon R car no. DL 9C S

2392 and  got recovered 25 cartoon of illicit country made liquor .

Following incriminating material were recovered from ;Manoj Ka Makan,

Basai Enclave, Industrial Area, Gurgoan, Haryana : 

      1         Labels of masti Malta             1,25,500

      2         Bombay no. 1                         10,800

      3         Jagadhari No. 1                   1,84,500

      4         Shokeen Santra                    1, 44, 250

      5         Black Bull                              4, 250

      6         Bottles Caps                             4 bags 

      7         Empty bottles /nips /half        4 bags

      8         Bottling machine                         2

      9         Rectified spirits                 7 Drums

Accused Sukhbir @ Sukha 



      Accused Sukhbir @ Sukha is the supplier , who supplied illicit liquor

FIR no. 73/09                                                         Page 3 of 17
 to   accused   Basanta   ,   a   known   bootleggers   .     During   the   course   of

investigation of case FIR no. 132/09  u/s 328/304IPCPS Dabri , Delhi, 79

nips were recovered. 

       At the instance of accused Sukhbir @ Sukha , the stickers /label of

'Shokeen' masaledar country made liquor brand   are recovered which are

similar with the sticker /label recovered from Basai , Gurgaon at the instance

of accused Raman & Chaman and differ from the stickers /label of company.

       One public witness Ashok Kumar examined during investigation who

confirmed that Sukhbir @ Sukha supplied lillicit liquor to Basanta. 



Accused Basanta 

       Basanta   used   to   receive   illicit   liquor   from   Sukhbir   @   Sukha   .

Statement   of   Public   witnesses   including   family   members   of   deceased

persons confirmed that accused Basanta used to provide spurious liquor to

deceased persons at his home. 

Accused Subhash 

       During   investigation,   illicit   liquor   stickers   recovered   from   the

possession of accused Subhash were : 

       Labels of Murhtal No. 1             48, 510

Accused Suraj @ Bhim 

       Accused Suraj @ Bhim acting on the instructions of accused Subhash

used to bring   rectified spirit from accused Randeep @ Nanhe and handed

over   to   Raman   &   others.     Following   labels   were   recovered   from   his

possession

FIR no. 73/09                                                              Page 4 of 17
       Labels of Mastana country made liquor          33,320

      And two drums (200 litre each ) were also recovered at the instance of

both of accused persons namely Suraj @ Bhim and Suibhash 

Accused Randeep @ Nanhe 

      Four barrels (about 800 litres ) Rectified spirit were recovered from

his hotel Dhaba namely Bholey Ka Dhaba near by his village Rukhi, Distt

Sonipat , Haryana, He purchased this rectified spirit by the   trucks passing

near to his dhaba.  

Accused Kuldeep Kumar 

      Accused  Kuldeep  Kumar used to print  stickers/labels for this illicit

liquor.  Following stickers /Labels were recovered at his instance. 

      1         Total 11 Plastic films    ­ Bony whisky, Bonn , Pagdi   Dhari ,

Blended Whisky, Raat Di Rani, Ghumer , Desi Sharab , Desi Madira, for

defence service only .  For sale in Haryana , For sale in U.P and for sale in

Rajasthan . 

      2         labels of Royal Stag Whisky                15,048

      3         labels of Bagpiper Deluxe Whisky           10, 500




4     ARGUMENTS  OF  Ld. DEFENCE COUNSEL

      Arguments   on behalf of accused Basanta   by   Ld. Counsel Shri

Deepak Ghai , advocate .

      He has submitted that accused has played no part so as to attract the



FIR no. 73/09                                                          Page 5 of 17
 charge of conspiracy as there is no evidence except his disclosure statement .

The disclosure statement of co­accused Sukhbir is not admissible in evidence

against him  as there is no other  evidence to link him  to the manufacturing

of the alleged liquor ; the accused has not sold any liquor to any person as

alleged and he has been falsely implicated by the police for ulterior motives.

5     Shri S. N Qureshi, Ld. Counsel for accused Sukhbir. 

      He   has   argued   that   the   accused   has   played   no   role   in   alleged

conspiracy and there is no evidence to link him to the manufacturing of the

alleged liquor ; the allegations of supply of the liquor by co­accused Basanta

are totally false as there is no evidence in that regard ; the disclosure of co­

accused is not admissible in evidence; he was falsely arrested in case FIR no.

132/09 after a period of six months of alleged incident and false disclosure

statement was recorded by the Investigating officer   and false recovery of

'Petti' of Shokeen Masaledar Sharab was shown which was planted by the

police in order  to falsely implicate him in  the case.  In all other cases,  he

has been falsely implicated just on the basis of false disclosure statement in

the above FIR .   There is no material evidence  against him to link to  the

offence alleged for which he has been chargesheeted.  

6     Shri Absar Ahmed Ld. Counsel for accused Subhash and Suraj 

      He has argued that  they have been falsely arrested on the disclosure

statement  of  co­accused   Basanta which was  otherwise   not  admissible in

evidence. ; there is no evidence against them to show their participation in

alleged  conspiracy   for  manufacturing and supply of  the spurious  liquor ;

nothing was recovered from accused persons and recovery of the alleged

FIR no. 73/09                                                              Page 6 of 17
 stickers /labels was planted in order to falsely implicate them. There is no

other evidence or material against them except the alleged recovery of the

stickers /labels from them. 

7      Ld. APP for State   submitted that there is recovery of 200 litres of

Mastana country made liquor from each accused.  Ld. APP for State  further

submitted that as per FSL report  said liquor was found to be spurious. 

8      Shri   Anoop   Shrama,   Ld.   Counsel   for   accused   Kuldeep  has

submitted   that   he   was   falsely   arrested   on   the   disclosure   of   co­accused

Subhash in case FIR no. 71/09.  As per  allegations on  consuming spurious

liquor   in   total   26     persons   allegedly   died   by   consuming   Shokeen   and

Shokeen Masledar; the alleged recovery from the accused has been shown on

12.9.2009and 17.9.2009       which is   labels of Royal Stag and Bagpiper ;

another recovery from the accused has been shown to be of plastic   films

and   aluminum   plates   .None   of   the   alleged   recovered  plastic   films   and

aluminum plates   show that it pertains to Shokeen or Shokeen Masledar;

there is no recovery which may connect the accused with the manufacturing

or   supply   of   Shokeen   or   Shokeen   masaledar   spurious   liquor   which   was

allegedly   consumed   by   the   deceased   persons   as   being   claimed   by

prosecution.   There is no material or evidence against him to connect him

with alleged conspiracy as no material is brought on record to show that he

was connected in any manner with manufacturing or supply of the alleged

printing material used for labeling and manufacturing of the alleged spurious

liquor .9       Accused   Randeep   @   Nanhe     argued
                                                   by   Shri   Keshav     KaushikFIR no. 73/09                                                                Page 7 of 17AdvocateAs per allegations of the prosecution 800 litres of rectified spirit was

recovered from the dhaba  of accused namely Bholey Ka Dhaba  which was

a false and planted recovery ; there is no material to link him with alleged

conspiracy of manufacturing or supply of alleged spurious liquor ;  there is

no evidence that he has ever supplied the spirit for manufacturing of alleged

spurious   liquor   which   might   be   consumed   by   the   deceased   and   injured

persons ; there is nothing on record to shows as to what was the source of the

allegedly recovered rectified spirit which shows  the same has been planted

by the police .  There is no evidence or investigation on the aspect as to from

what tanker /truck the alleged spirit was procured by the accused at any time.

10       Ld. APP for State   however submitted that four barrels (about 800

liters )  rectified spirit were recovered from accused Randeep @ Nanhe from

his hotel Dhaba namely Bholey Ka Dhabar near his village Rukhi , Distt.

Sonipat , Haryana which   was chemically examined in FSL.   As per FSL

report   dated   1/2/2010   the   same   is   found   to   contain   Methyl   Alcohol   ,   a

poisonous substance 

11     Argument for accused  Raman and Chaman

       There   is   no   evidence   /material   against   them   to   link   them   with   the

offence   alleged   .     As   per   the   allegations   and   investigation   some   person

namely Pawan @ Pujari is alleged to have been engaged in manufacturing of

liquor   .     Pawan   @   Pujari   is   real   brother   of   the   accused   person   living

separately and having no concern with accused Raman and Chaman in any

manner . They have been made scape goat  deliberately by police  in order toFIR no. 73/09                                                                   Page 8 of 17save the real culprits;   they have been arrested falsely on the disclosure of

co­accused persons which is not admissible in evidence ; there is no evidence

against   them   to   show   their   participation   in   the   alleged   conspiracy   for

manufacturing and supply of spurious liquor at any point of time .  

12     Submissions of Ld. APP for State regarding accused Basanta 

       As per challanu/s 173Cr. PC the Investigating officer   had collected

evidence   during investigation that accused Basanta was engaged in supply

and   sale   of   alleged   spurious   liquor   which   was   consumed   by   deceased

persons;   he   has   been   obtaining   spurious   liquor   from   accused   Sukhbir   @

Sukha ; the relatives of the deceased persons are witness to that effect that

accused   has   been   selling   spurious   liquor   which   was   purchased   by   the

deceased.13     Submissions of Ld. APP for State regarding Accused Sukhbir @

Sukha 

       Ld. APP  for State   submits that he has been engaged in supply of

spurious liquor to accused Basanta after procuring the same from Raman and

Chaman who were manufacturing spurious liquor at Gurgaon , Basai, Sector

10 Industrial Area, Gurgaon.14     Submissions of Ld. APP for State regarding Accused Suraj and

Subhash

       As per allegations they have been supplying rectified spirit to accused

Raman and Chaman for manufacturing the spurious liquor . They have been

taking the rectified spirit for that purpose from  Randeep @ Nanhe who hasFIR no. 73/09                                                                Page 9 of 17been procuring the same from the truck /canter passing through his Dhaba .

Two drums of rectified spirit   was also recovered .   200 litres each from

Subhash and Suraj which was chemically examined and found to be Methyl

Alcohol.15     Submissions of Ld. APP for State regarding accused Kuldeep 

       As   per   investigation   ,   he   has   been   found   manufacturing   the

stickers/Labels   which   were   used   for   manufacturing   the     alleged   spurious

liquor of co­accused Raman and Chaman for the purpose of  selling the same

to be genuine.   During investigation the sticker /label of Royal Stag (15,408)

and Bagpiper  Deluxe  Whisky (10,500) have been recovered .   11 Plastic

films ­Bony whisky, Bonn,  Pagdi Dhari , Blended whisky , Raat Di Rani ,

Ghumer   Deshi   Sharab,   Desi   Madira   for   defence   service   only   for   sale   in

Haryana and U.P and for sale in Rajasthan .Admittedly   there   is   no   recovery   of   label   /sticker   /films   from   the

accused  of Shokeen /Shokeen Masaledar .16              Ld.   APP   for   State     submitted   that   he   has   destroyed   the

labels/stickers   of   Shokeen   and   Shokeen   Masaledar   and   for   that   purposesection   201IPC   was   added.   He   has   disclosed   in   his   statement   about

destruction of those labels of Shokeen and Shokeen Masaledar . Ld. APP for

State further  submitted that recovery of the stickers of various other brands

shows that he had been preparing those forged and fabricated stickers ; he

has   no   authority   /licence   from   any   authority   of   those   branded   liquors   to

publish or supply the stickers/labels of those brands ; three machines were

found   affixed   in   his   premises  which  were  being  used  for   the  purpose   ofFIR no. 73/09                                                                  Page 10 of 17printing of those forged labels .  Those two premises of accused Kuldeep are

lying sealed ; FSL team has visited the premises for the purpose of expert

opinion   to   find   out   whether   recovered   stickers/labels   could   have   been

published from these machines and FSL report is awaited. 

17     Submissions   of   Ld.   APP   for   State     for   accused   Raman   and

Chaman 

       Both the accused were running a factory of manufacturing of illegal

liquor   at   Basai   ,Gurgaon   and   Haryana   and   incriminating   material   was

recovered from Manoj Ka Makan, Basai Enclave, Part I , Industrial Area,

Gurgaon as mentioned in the challan.18Reply of Ld. Counsel on behalf of accused Kuldeep  to the 
                                                                   
                                                                             
                                                                             

       contention of  Ld. APP for State  

       Ld. Counsel for accused Kuldeep in his reply to the contentions and

submissions of the Ld. APP for State  submits that there is no complaint of

the alleged companies   whose stickers have been allegedly found from the

premises of the accused.  Disclosure statement of accused is not admissible;

nothing is mentioned in disclosure statement that he had been manufacturing

labels /stickers. ; disclosure statement of the other  accused is not admissible

in evidence; there is no recovery of the facts /objects in pursuance to the

disclosure of this accused as well as co­accused persons so as to link him

with  alleged   offence;    though  not  admitted at  the  most   if  allegations are

presumed   to   be   true   he   can   be   proceeded   only   underExcise   Act;    theFIR no. 73/09                                                               Page 11 of 17allegedly   seized   machines   from   the   premises   can   be   used   only   for

manufacturing card board (gatta) only and no such labels /stickers as used

for   the   branded   whisky   can   be   manufactured   by   those   machines.     The

allegations of destruction of Shokeen /Shokeen Masaledar Labels is totally

false because if he has destroyed those stickers what prevented him   from

destroying   other   allegedly     recovered   stickers   from   his   premises.     The

accused Subhash has disclosed in his statement that he is procuring label of

Shokeen /Shokeen Masaledar from accused Kuldeep.19              I have considered the rival submissions made at bar and gone

through the material on record .20     Regarding   the   nature   of   evidence   about   the   alleged   conspiracy

between   the   accused   persons   ,  the   Hon'ble   Apex   court   inE.   K

Chandrasenan Vs State of Kerala, AIR 1995 SC, 1066 has held :"The conspiracies are not hatched in open , by their

        nature , they are secretly planned .   They can be proved

        even by circumstantial evidence , the lack of direct evidence

        relating to conspiracy has no consequence "21     After   going   through   material   on   record   as   collected   during

investigation   and   also   the   statement   of   the   witnesses   recorded   during

investigation,   it   is   found   that   all   the   accused   persons   have   played   their

independent role in manufacturing and supply of spurious liquor which was

ultimately sold to the deceased by accused Basanta  as a result he has died .  

22     The contention is   raised by Ld. Defence counsel for each accusedFIR no. 73/09                                                                   Page 12 of 17wherein they had stated that alleged role of the accused persons is different

and they cannot be charged for the offenceu/s 120 BIPC because there is no

direct   evidence   on   record   to   show   that   each   accused   was   acting   in

prosecution of criminal conspiracy or has agreed to the alleged conspiracy of

manufacturing , supply and sale of spurious liquor.  

23     Admittedly   aslaid   down   byHon'ble   Apex   Court   in   case   ofE.   K

Chandrasenan Vs State of Kerala, referred SUPRA ,  it is not always

possible to establish criminal conspiracy by direct evidence and factum of

criminal   conspiracy   can   be   proved   by   circumstantial   evidence   .     The

circumstantial evidence in the prosecution case shows that all the accused

persons   had   been   acting   in   consonance  with  each  other  and   their   role  is

supplementary and complimentary to the acts of each other . 

24       The   material   on   record   shows   that   accused   Raman   and   Chaman

alongwith   some   other   persons   i.e   Pawan   @   Pujari    not   yet   arrested   and

Subhash   were   engaged   in   the   manufacturing     of   spurious   liquor   at   their

premises in Gurgaon.   The recovered spirit containing methyl alcohol was

being   supplied   to   them   by   accused   Subhash   and   Suraj   @   Bhim     after

procuring the same from accused Randeep @ Nanhe who used to receive the

said rectified spirit from the tanker /truck passing through the road on which

his dhaba was situated.25     Accused   Kuldeep   was   found   in   possession   of   Stickers/Labels   of

various brands of whiskies and as per disclosure statement of co accused

Subhash   ,   they   used   to   procure     stickers   for   manufacturing   the   spurious

liquor from accused Kuldeep .  The contention of the ld. Counsel for accusedFIR no. 73/09                                                                Page 13 of 17Kuldeep is that no label /stickers of  Shokeen /Shokeen Masaledar which was

allegedly   consumed   by   deceased   persons   were   found/recovered   from   his

possession and as such he cannot be charged for the conspiracy.   I am of the

considered opinion that considering the disclosure statement  and recovery of

various stickers /labels of various whiskies which according to the statement

of the witnesses of the respective distilleries  were fabricated and forged, at

the   stage   of   framing   of   the   charge,   it   is   not   necessary   in   the   given

circumstances that the stickers of the Shokeen brand must have been found

and recovered from his premises . Even case of the prosecution is that he has

destroyed   the   said   stickers/labels   of   Shokeen   /Shokeen   Masledar   in   a

clandestine manner.  Further his premises had been inspected by team of the

FSL to find out whether the machines found therein could print such stickers

which   were   allegedly   recovered   from   his   possession.   Therefore,   material

collected during investigation is sufficient which has linked accused Kuldeep

to the alleged supply of the labels /stickers of the various brands of liquor

which was allegedly being manufactured illegally by accused Raman and

Chaman .  Accused Sukhbir  @ Sukha was engaged allegedly in supply of

illicit   manufactured   liquor   by   accused   Raman   and   Chaman   to   accused

Basanta and other bootleggers in Delhi.26     The contention of the Ld. Counsel for accused Sukhbir was that he has

played   no   role   in   manufacturing   and   selling   of   the   alleged   liquor   and

therefore   no   charge   u/s   120   BIPCor   any   other   offence   can   be   framed

against   him   because   there   is   no  evidence   on   record   to  show   that  he   got

supplied the illicit prepared liquor to accused Basanta   after procuring theFIR no. 73/09                                                                  Page 14 of 17same from accused Raman and Chaman .27     Ld.   APP  for   the  state   pointed   out   that   there  is  one witness  Ashok

Kumar   examined   during   investigation   who   has   confirmed   that   accused

Sukhbir was engaged in supply of illicit liquor to accused Basanta .   It is

further submitted that during course of investigation of case FIR 132/09 , PS

Dabri , 79nips were recovered at the instance of accused Sukhbir .   Further

at his instance stickers /labels of Shokeen /Shokeen Masledar similar with

the   stickers   /label   recovered   from   Basai   Gurgaon   premises   used   for

manufacturing illicit liquor were also recovered.  .  

28     Thus, the  above discussion shows that the  role of individual accused

is   such   which   has   interwoven   the   facts   of   this   liquor   tragedy   in   such   a

manner that their role cannot be separated from each other so far as they

were found engaged in manufacturing /supply and sale of illicit liquor which

was ultimately sold by accused Basanta to the deceased.  Hence the material

on   record   primafacie   shows   that   all   the   accused   persons   have   conspired

together in the manufacturing /supply and sale of illicit liquorwhich was sold

to the ultimate person who is Mukesh in this case  and after consuming it , he
started vomiting and also suffered breathing trouble and was hospitalized .
The doctor gave the final opinion on the MLC that he had consumed
suspected spurious alcohol poisioning /Methyl Alcohol. And hence all the
accused persons are liable to be charged for the offenceu/s 120 BIPC.

29     Considering   the   material   on   record   and   after   going   through   the

contentions   of  Ld.   Counsels for accused persons, I am of  the  considered

opinion that material on record is sufficient which prima facie discloses theFIR no. 73/09                                                                     Page 15 of 17offence undersection 120 B/328//201IPC against all the accused persons
except Seema and Sukhbir @ Sukha who had already been charged U/s120
B /328/IPCand 61/1/14Excise Act.It is therefore, ordered that all the accused persons be charged U/s120
B /328//201IPC.Announced in the open court 
    on 26th  day of  May  2010                    
                                                  (RajKumar Chauhan)
                                                Additional Sessions Judge 
                                              Special Judge : NDPS (West)FIR no. 73/09                                                    Page 16 of 17