STATE OF H.P. Vs. GOPAL SINGH

JUDGEMENT

(1.) The acquittal of the Respondent has been challenged in this appeal for the offence punishable, under Sec. 61(1)(a) of the Punjab Excise Act, as applicable to the state of Himachal Pradesh, in Criminal Case No. 201 -1 of 98/3.3 of 99.

(2.) In short, the prosecution case is that on 8th June, 1998, at about 6.15 p.m., PW2 HC Raj Kumar along with the other Constables were on patrolling duty in village Badlawag near Chambi. While descending on a bridal path, they noticed Respondent coming from the opposite direction with a canny in his hand. On seeing the police, the Respondent got perplexed and tried to escape but he was over powered by the said HC. On search he was found carrying five litres of illicit liquor in the plastic canny. A sample was separated in a nip and sealed with seal impression 'x'. The seal impression was taken on a piece of cloth and after its use it was handed over to another HC Sukh Dev Singh.

(3.) The case property was taken into possession vide memo Ext. PW4/A. Rukka was sent for the registration of a case. Site plan was prepared. On 17.7.1998 sample was sent for analysis to CTL, Kandaghat through PW4 C. Kuldip Kumar. On the receipt of the report of analysis Ext.PZ and after completing the challan, it was presented before the Court for trial of the Respondent. He was charge -sheeted for the aforesaid offence to which he pleaded not guilty and claimed trial.