Dimpal Devi @ Dimpi Devi vs. The State Of Bihar
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SECTION II-A
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 12667/2023
COURT NO.6
(Arising out of impugned final judgment and order dated 10-08-2023 in CRLM No. 45740/2023 passed by the High Court Of Judicature At Patna)
DIMPAL DEVI @ DIMPI DEVI
Petitioner(s)
VERSUS
THE STATE OF BIHAR
Respondent $(s)$
Date: 05-01-2024 This petition was called on for hearing today.
- HON'BLE MR. JUSTICE HRISHIKESH ROY CORAM : HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
- For Petitioner(s) Ms. Nandita Jha, AOR Mrs. Dr. Pooja Jha, Adv. Dr. R. Prakash, Adv.
- For Respondent(s) Mr. Rishi K Awasthi, Adv. Mr. Pivush Vatsa, Adv. Ms. Ritu Arora, Adv. Mr. Amit Awasthi, Adv. Ms. Yukti Anand, Adv. Mr. Usman Khan, Adv. Mr. Avinash Ankit, Adv. Mr. Rahul Kumar Gupta, Adv. Mr. Shubham Saxena, Adv. Mr. Punit Vinay, AOR
UPON hearing the counsel the Court made the following ORDER
Heard Ms. Nandita Jha, learned counsel appearing for the petitioner. The counsel points out that the petitioner is the registered owner of the Tempo in which the contraband, country-made liquor was recovered. The owner had let out the Tempo and was not travelling in the vehicle when it was seized by the Police on 29.01.2023. It is therefore argued that it Note: A case of petitioner's conscious possession of the country-made $4.26$ liquor recovered from the Tempo owned by her. The counsel also relied upon the judgment in Sweta Kumari vs. State of Bihar passed in Criminal Appeal No. 626/2022 on 13.04.2022.
The State of Bihar is represented by Mr. Piyush Vatsa, learned counsel. He submits that since 120 litres of country-made liquor was recovered, the petitioner should not be shown any leniency. However the counsel concedes that the petitioner after the interim protection order, has joined the investigation.
Looking at the circumstances as above, we deem it appropriate to make absolute the interim order passed by us on 09.10.2023. The petitioner is however expected to continue to cooperate with the investigation in the case arising out of FIR No.27/2023 registered at Police Station Falka Pothia, Katihar Sub-Division-Sadar.
The Special Leave Petition is, accordingly, disposed of Pending application(s), if any, also stand closed.
(DEEPAK JOSHI) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR
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