STATE OF HARYANA Vs. CHANDER MOHAN

JUDGEMENT

(1.) This is a petition under Section 482, Cr.P.C. filed by the petitioner State, seeking quashment of the order dated 26-5-1999 passed by the Additional Sessions Judge, upholding the order dated 27-2-1999 passed by the Additional Chief Judicial Magistrate, discharging the accused under Section 61 of the Punjab Excise Act, arising out of FIR No. 473 dated 22-12-1996 of P.S. Civil Lines, Hisar.

(2.) The facts which are relevant for the decision of the present petition are that one DSP H.S. Chopra of the C.B.I. was investigating a case and during investigation, he conducted the search of H. No. 108, Sector 15-A Part II, Haryana Urban Development Authority, Hisar. During the course of search, two bottles of liquor "Royal Salute" were recovered. From each bottle, 3/4th of the material had already been consumed and only 1/4th material was available in both the bottles. Thereupon, DSP H.S. Chopra sent a ruqa to the S.H.O. PS Civil Lines, Hisar, informing him about the abovesaid recovery and for taking necessary action. On receipt of the said ruqa, formal FIR under Section 61 of the Punjab Excise Act was registered in the Police Station. Thereupon, Inspector Inder Singh, SHO of the said police station, reached the spot and took into possession the said liquor, after putting the same in two quarter bottles. A recovery memo was also prepared at the spot, which was signed by DSP H.S. Chopra and one Mohinder Singh, SDE, Horticulture. In the recovery memo, it was mentioned that both the bottles were recovered from the almirah of a bed room. It was mentioned that the said bed room was of Chaudhary Bhajan Lal.

(3.) During the course of investigation, the police collected evidence from Haryana Urban Development Authority, to the effect that said H.No. 107/108, Sector 15-A, Part II, Hisar was owned by accused respondents Chander Mohan and Kuldeep Singh sons of Shri Bhajan Lal. Thereafter, accused respondents Chander Mohan and Kuldeep Singh were arrested in this case, for the offence under Section 61 of the Punjab Excise Act. After completion of the investigation, the challan was put in the Court . Necessary documents were supplied to the accused respondent.