STATE OF H.P Vs. MOHAN LAL

JUDGEMENT

(1.) THE State is in appeal against the judgment of acquittal dated 1.8.2003, of the learned Chief Judicial Magistrate, Hamirpur, H.P., whereby, the respondents herein, who were accused before the learned trial Court and shall here -in -after be referred to as such, were tried for the offence under Section 61(1)(a) of the Punjab Excise Act as applicable to the State of Himachal Pradesh and were ultimately acquitted.

(2.) IN brief, the case of the prosecution is that on 13.6.2000, at about 11.30 P.M, while on patrol duty, a police party headed by HC Amar Singh, was present at Manpul. In the meantime, a secret information was received from a reliable source that after a while Maruti Van No. HP -02 -5537, being driven by A -1 Mohan Lal was about to come there from Bangana -Dhaneta side towards Nadaun. It was further revealed that A -2 Jagir Singh and A -3 Pritam Chand were also travelling in the said van. The incriminating information was that a consignment of country liquor Una No.1 comprising of 160 pouches of 750 ML each and 190 pouches of 180 ML each was being smuggled in the said van without any permit. In case, the aforesaid vehicle was intercepted the contraband, i.e country liquor could be recovered. On the basis of this information rukka Ex.PW -9/B was sent, on the basis of which FIR Ex.PW -9/A was registered at P.S. Nadaun.

(3.) ON completion of investigation, charge -sheet for the offence under Section 61 (1) (a) of the Punjab Excise Act as applicable to the State of H.P. was laid against the accused persons. On being charged, they did not plead guilty and claimed to be tried. The prosecution evidence followed. It has examined eleven witnesses in all.