MAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the judgment and order dated 20.03.2006 passed by a learned Single Judge of the High Court of Punjab and Haryana, Chandigarh, whereby and whereunder Regular Second Appeal No.4272 of 2005 filed by the appellant-plaintiff from the judgment and decree dated 01.09.2005 passed by the learned Additional District Judge, Sonepat, in Civil Appeal No.21 of 2005, was dismissed.

(3.) Facts, in brief, giving rise to the filing of this appeal are that the appellant-plaintiff (hereinafter referred to as 'the appellant') was serving as Sub-Inspector in Police Department, Rohtak. In July 1996, the appellant was deputed as Incharge of the police party comprising of ASI Sucha Singh, HC Suraj Bhan and HC Vijay Pal for taking two Government vehicles bearing Nos. HR 22 0020 and HR 03A 7880 respectively from Chandigarh to Hyderabad (Andhra Pradesh) for repair and fitting of Jammers. HC Vijay Pal was driving one of the vehicles. He purchased 12 bottles of Indian-Made Foreign Liquor [IMFL] at Kota (Rajasthan) and concealed the consignment of the liquor in the dickey of the car without the knowledge and consent of the appellant. On checking of the vehicles by the Excise Staff of Adilabad in the State of Andhra Pradesh, 12 bottles of IMFL were recovered from the luggage boot of the car being driven by HC Vijay Pal, which gave rise to registration of a case PR No.470/95-96 dated 31.07.1996 against HC Vijay Pal for transporting liquor in violation of prohibitory orders of the State Government.