STATE OF HIMACHAL PRADESH Vs. VIPAN KUMAR

JUDGEMENT

(1.) Challenging the acquittal of respondents-accused, pronounced by the Chief Judicial Magistrate, Hamirpur, Distt. Hamirpur, H.P., for carrying 600 bottles of country made liquor without license, the State has come up before this Court, by filing the present appeal.

(2.) The gist of the facts, apposite to adjudicate the present case, traces its origin to daily diary report number 21, dated November 28, 2006 (Ext. PW-8/A), registered in Police Line Hamirpur. As per the entries made in this report the police party headed by ASI Karam Singh (PW-7) was deputed towards Hamirpur, Bhoranj, Sujanpur, Nadaun, Badsar etc. In the morning of November 29, 2006, when the police party was present at a place known as Karer, then from the side of Salauni, one vehicle number bearing No. HP22A 8412 arrived. On suspicion, the said vehicle was directed to stop. In the said vehicle, apart from its driver one another person was also sitting, who taking advantage of the darkness, ran away from the spot. The driver revealed his name as Vipan Kumar, who is the 1 st respondent herein. On inquiry, Vipan Kumar named the absconder as Sanjay, the 2nd respondent herein.

(3.) On checking the vehicle, the police found 50 cartons, each carton contained 12 bottles of 750 ml. each, in all 600 bottles of country made liquor of Brand Una No. 1. Thereafter, the police party took out five bottles, as representative samples from the recovered 50 cartons. The remaining bottles were placed in the same cartons and sealed. Seizure memo (Ext. PW-2/A) was prepared. The Investigating Officer ASI Karam Singh (PW-7) scribed the complaint (Exhibit PW-6/A) and sent the same to the police station. On the basis of such complaint, the police registered FIR number 438 of 2006, dated November 29, 2006 (Ext. PW-6/B), for the commission of offence punishable under Section 61 of the Punjab Excise Act as applicable to the State of H.P., in the file of Police Station Hamirpur, District Hamirpur, Himachal Pradesh. During investigation the police arrested absconding accused Sanjay, whose name was revealed as Kulveer Singh (respondent No. 2).