SHISHPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant case is an extreme example of poor investigation. The trial court vide judgment dated 9.8.2002 convicted the accused Petitioners (herein referred as, 'the accused') under Section 61(1)(a) of the Punjab Excise Act, 1914 (for brevity, 'the Act') and sentenced them to undergo rigorous imprisonment for six months and to pay fine of Rs. 1000/- each. The appeal preferred by them was dismissed vide judgment dated 7.10.2004 passed by the learned Additional Sessions Judge, Faridabad.

(2.) On 5.7.1998, ASI Hem Raj along with other police officials was present at Karman Border where UGC Ram Pal and other police officials were already present in Government Jeep No. HR5A-7557. In the meantime, the accused came in a maruti car bearing registration No. DNJ- 5200 from the side of Kosi. When they were signalled to stop, the accused, who were three in number stopped the vehicle and the van was loaded with liquor. The accused were identified as Keshav, Shish Pal and Tulsi Dass. All of them were apprehended. On search of the van, 30 boxes of pouches containing 100 pouches each, 8 boxes of Indian made foreign liquor, each box containing 12 bottles of Officers Choice were recovered. Out of the bags so recovered one pouch of liquor was taken out as sample and from the boxes of liquor, one bottle was taken out and samples as well as bulk liquor, pouch bags and liquor boxes were sealed with the seal bearing impression "HR". The van was taken into possession. The accused were arrested. On completion of the investigation challan was presented in the Court.

(3.) They were charged under Section 61(1)(a) of the Act to which they pleaded not guilty and opted to contest.