KISHAN BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) The Petitioner challenges his conviction under Sec. 61(1)(a) of the Punjab Excise Act, as applicable to the State of Himachal Pradesh.

(2.) The prosecution case in brief is that on 15.5.2002 at about 8.30 a.m., police party headed by Sh. Braham Dass was on patrolling duty near Jagatkhana when they received secret information that the Petitioner accused was indulging in preparing illicit liquor in his rented house and in case raid is conducted huge quantity of liquor can be recovered. A raiding party was accordingly formed by the police officials associating PW -3 Sh. Bhagu Ram, Ward Punch Balak Ram and photographer Sh. Vinod Kumar (PW -4). During the search of the house of the Petitioner, a working still was found in his kitchen along with tin containing 'Lahan' in the presence of the accused. The case property Ext. P -1 tin containing Lahan, Ext.P -2 Pipe, Ext.P -3 Patila, Ext.P -4 Stove and Ext.P -6 bottles containing liquor was sealed and have been sent for chemical examination.

(3.) On the facts of the case, the learned trial Court convicted the Petitioner for the offences, as charged. The Court sentenced him for imprisonment for a period of one year and fine of Rs. 5,000/ -, in default of payment of fine to undergo simple imprisonment for a period of three months. This judgment has been affirmed by the learned appellate Court.