BALBIR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Accused-appellant Balbir Singh was charge-sheeted by the police of P.S. Rudrapur under Section 60 of the U.P. Excise Act (as applicable in Uttarakhand). 40 litres of illicit liquor was allegedly recovered from the possession of accused Balbir Singh on 21/22.01.2000 at around 12:10 AM (in the night) near the pathway leading to Nai Basti.

(2.) Since the case under Section 60 of the U.P. Excise Act was connected with case under Sections 147, 148, 149 & 307 IPC, therefore, he alongwith other accused was tried together in different Sessions Trial. The charge was accordingly framed. PW1 S.I. Surendra Pal Singh, PW2 S.I. Jagat Singh and PW3 Constable Raj Kumar were examined on behalf of the prosecution. Incriminating evidence was put to the accused-appellant under Section 313 Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence was given in defence.

(3.) After conclusion of the trial, learned Additional Sessions Judge / 3rd F.T.C., Udham Singh Nagar, vide judgment and order dated 28.02.2004, exonerated accused Balbir Singh and other accused of the charge under the Indian Penal Code. Three other accused were also acquitted of the charge under Section 60 of the U.P. Excise Act. Accused Balbir Singh alongwith another was, however, convicted under Section 60 of the U.P. Excise Act. Accused Balbir Singh was directed to undergo rigorous imprisonment for 11/2 years alongwith a fine of Rs.2,000/-. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for three months. Accused was in judicial custody when the judgment was delivered by the trial court. Aggrieved against the same, the present criminal appeal was preferred by the accused-appellant.