U.T. CHANDIGARH Vs. MANMOHAN SINGH WALIA

JUDGEMENT

(1.) This is an appeal directed by U.T., Chandigarh against the judgment dated 07.01.2010 passed by Judicial Magistrate Ist Class, Chandigarh, vide which accused/appellant was acquitted under Section 61(1) of the Punjab Excise Act.

(2.) The case of prosecution as enumerated in the record is that on 12.02.1998, B.D. Bector, DSP (Security), Chandigarh along with Inspector Ashwani Kumar, SI Magi Ram, Inspector Par-mod Kumar, SHO Police Station North, Sub Inspector Puran Chand, Police Station North and AAT Staff, in connection with investigation of case No. 10 dated 03.02.1998 under Section 13(1)(E) of Prevention of Corruption Act registered at Police Station North, Chandigarh, visited the portion of House No. 311, Sector-9/D, Chandigarh which was in possession of M.S. Walia, Civil Judge(Senior Division), Bhathinda, (under suspension) on the basis of search warrant issued by Shri M.R. Batra, the then Additional Sessions Judge, Chandigarh. Sh. J.P.S. Sidhu, Joint Director, Sports, Sector-9, Chandigarh, Sh. A.B. Bansal, Regional Employment Officer, Sector-17, Chandigarh, Sh. Narata Ram s/o Bihari Lal, President of Rehri Market, Sector-9, Chandigarh, Sub Inspector Karnail Singh, Constable Bal Ram, Photographer, Carpenter Shiv Parshad s/o Gurdev Singh of U.T. Police and Balbir Singh s/o Tarlok Singh r/o Mauli Jagran Complex, Chandigarh (key maker) were also accompanied. The lock of the said house was sealed on 03.02.1998. In the presence of all the above said witnesses as well as HC Nirmal Singh and Constable Bhajan Singh who were deputed on quard duty at that house, the lock of said house was opened. The said house was searched. During search from the ground floor of that house, different brands of liquor was recovered. Upon this, B.D. Bector, DSP made a complaint. The detail of the liquor recovered, was mentioned in para No. 2 of the judgment. All the liquor bottles were taken into possession vide recovery memo in the presence of above said witnesses. No permit was found in the house for keeping the said liquor. On the basis of said complaint, formal FIR was registered. After investigation, challan was presented in the Court.

(3.) Copies of challan were supplied to the accused under Section 207 Cr.P.C.