STATE OF H P Vs. RAJINDER PAL

JUDGEMENT

(1.) The state has challenged the acquittal of the respondents, in case No.351/1 of 1998, under Section 61 (1)(a) of Punjab Excise Act, as applicable to the Himachal Pradesh, passed by the learned trial Court.

(2.) In brief, the prosecution case can be stated thus. On 21st May, 1998, PW10 ASI Tameshwar Singh was heading a police patrolling party in village Behal. He received a secret information that the respondents being the wine contractors had stored a large number of liquor bottles in a shop, without any permit. On receiving the said information, a ruqa Ex.PW10/A was sent for registration of the case to Police Station Kot-Kehloor, on the basis of which FIR Ex.PW6/A was formally registered.

(3.) Thereafter, ASI Tameshwar Singh formed a raiding party and associated PW4 K.C. Chauhan, A.E.T.C, Bilaspur and also the Pradhan and a Ward Member of the Panchayat and raided the shops owned by PW1 Bager Singh in village Behal. Out of three shop, two shops were alleged to have rented out to the respondents. Shops were found locked. Locks were broken open by the police party and in one of the corner shop, 24 halves of liquor, each containing 375 ml., 288 bottles of Imperial Balcon blended with Scotch, and 76 bottles of Pure Gold Whisky each containing 750 ml. liquor were recovered. It was Indian Made Foreign Liquor (IMFL).