(1.) The Petitioners have been convicted by both the Courts below for offence under Section 61(1)(a) of the Punjab Excise Act, as applicable to the State of Himachal Pradesh, to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2000/-.
(2.) The prosecution case, in brief, is that on 16.9.1999 around 12.40 a.m. the Petitioners were intercepted who were travelling in a Tata Sumo vehicle, bearing registration No. CH-1Z-4578, coming from Solan side by the police at Dedh Gharat. On search having been made, three gunny bags containing 710 pouches of liquor bearing Mark 'Malwa' and each pouch was containing 180 Mls. of liquor were recovered. On further checking, two gunny bags were recovered on the back seat out of which one was containing 48 bottles of 'Commando XXX Rum' and another contained 48 bottles of 'Bagpiper' whisky. The Petitioners were accordingly tried and sentenced by the learned Court below.
(3.) The appeal filed by the Petitioners was also dismissed.