STATE OF PUNJAB Vs. RAMESH KUMAR

JUDGEMENT

(1.) RAMESH Kumar, Tilak Raj and Ashok Kumar were convicted by Shri Inderjit Singh, Judicial Magistrate I Class, Nabha, under section 61(1)(a) of the Punjab Excise Act, and sentenced to R.I. for a period of two years and a fine of Rs. 2,000/- each on 14.2.1985. The appeal was accepted by Shri T.S. Cheema, Sessions Judge, Patiala and all the three accused were acquitted on 20.5.1985. Aggrieved against it, the present appeal has been preferred by the State of Punjab.

(2.) BRIEFLY , the story of the prosecution is that on 14.10.1981 at about 11.20 P.M. Shri Harsajjan Singh Sub Inspector of Police Station Kotwali, Nabha, was holding a nakabandi near the octroi post on Nabha Patiala Road, along with Shri Mukhtiar Singh ASI and there were two employees of the nearby octroi post as well. A motor car No. HIM 9043 entered, the town from Patiala side. It was stopped and on enquiry it was found that it was being driven by Ramesh Kumar and Tilak Raj was sitting on the front seat along with the aforesaid driver, whereas, the third accused Ashok Kumar was on the rear seat. As a consequence of the search two plastic cans containing rectified spirit were recovered from the front portion of the aforesaid motor car and as many as four plastic cans containing 20 litres of rectified spirit were recovered from the rear seat. Besides this, six cans containing 20 litres each were recovered from the dicky of the car. One single can containing 40 litres of rectified spirit was also recovered from the dicky of the aforesaid car and in all the rectified spirit recovered was 280 litres in as many as 13 cans. These were taken into possession and the ruqa (Ex. PE) was despatched by the aforesaid Sub Inspector where FIR No. 143 was registered on 14.10.1981 itself at Police Station, Kotwali Nabha by Shri Prem Singh, MHC. The report of the Chemical Examiner (Ex. PC) showed that the contents were illicit liquor.

(3.) THE sole reason for recording acquittal of the accused by the learned Sessions Judge, Patiala, was that the Mewa Singh an Octroi Clerk who was cited as a witness by the investigating officer did not support the prosecution story and he was declared hostile in the trial Court.