Himachal Pradesh High Court Acquits Accused in Liquor Smuggling Case Due to Improper Identification

Court Sets Aside Lower Court Convictions, Cites Lack of Proper Test Identification Parade

In a significant judgment, the Himachal Pradesh High Court has acquitted the accused, Sunil Kumar and another, in a case of illegal liquor smuggling, overturning the convictions by the lower courts. The revision petition, heard by Justice Rakesh Kainthla, highlighted crucial lapses in the identification process of the accused, which the court found to be inadequate for sustaining a conviction.

The case originated from an incident on December 17, 2006, when the police intercepted two Maruti Vans carrying illegal liquor. The drivers allegedly fled the scene, and the police later identified them as Billa and Jitru, believed to be residents of Tikkar. The trial court had convicted the accused under Section 61(1)(a) of the Punjab Excise Act, sentencing them to six months of rigorous imprisonment and a fine.

However, the High Court noted that the police's identification of the accused was not substantiated by a Test Identification Parade, a crucial step when witnesses do not personally know the accused. The court cited established legal principles that such dock identifications are highly suspect if not preceded by a proper identification process, especially when the accused were strangers to the witnesses.

Justice Kainthla emphasized the necessity of a Test Identification Parade for corroborating the identity of the accused when they were seen fleetingly during the commission of the offence. The court remarked that the evidence presented failed to establish a direct link between the accused and the crime, particularly as no independent witnesses were involved, and the area was densely populated.

The judgment also pointed out that the prosecution failed to prove that Sunil Kumar and Ashok Kumar were the individuals referred to as Billa and Jitru. Furthermore, Gaurav Minhas, the vehicle owner, denied employing Sunil Kumar as a driver, further weakening the prosecution's case.

Given these observations, the High Court concluded that the lower courts erred in their findings, leading to a miscarriage of justice. The court ordered the acquittal of the accused and the refund of fines paid, if any, subject to the limitation period for filing an appeal.

This case underscores the importance of adhering to procedural safeguards in the criminal justice system, particularly in the identification of accused individuals, to prevent wrongful convictions.

Bottom Line:

Identification of accused without conducting Test Identification Parade is improper and identification for the first time in the Court cannot be relied upon.

Statutory provision(s): Section 61(1)(a) of the Punjab Excise Act, Section 181 of the Motor Vehicles Act, Section 397 of the Criminal Procedure Code, Section 313 of Cr.P.C., Section 437A of the Code of Criminal Procedure (Section 481 of Bharatiya Nagarik Suraksha Sanhita, 2023)

Sunil Kumar v. State of H.P., (Himachal Pradesh) : Law Finder Doc Id # 2794702