STATE OF HIMACHAL PRADESH Vs. RAVI KUMAR

JUDGEMENT

(1.) The misadventure of a boy aged just 19 years, to arbitrage the lesser cost price of liquor at Chandigarh, and its retail price in Himachal Pradesh, got scuttled, costing dearly on being nabbed while smuggling 864 bottles of licit Country and English liquor, leading to his prosecution, and on its failure the present appeal by the State of Himachal Pradesh seeking his conviction for the violation of the provisions of the Excise Act as well as Motor Vehicles Act.

(2.) The gist of the facts, apposite to decide the present case, traces its origin to daily diary report number 6, dated Oct 7, 2007, reported at 11.00 pm (Ext. PW-7/A) whereby the police party headed by SI Hans Raj (PW-6), Police Station SV & ACB, Hamirpur, and comprising of SI Amar Singh (PW-3) and other police officials proceeded in their official vehicle to erect a check post, and also to patrol. When the police officials were present at place Gashota Road at 3.30 am (night), they spotted one mini truck coming towards them on which they signaled it to stop. There was none except the driver in the said truck, who, on being asked, revealed his name as Ravi Kumar, respondent herein. Police Officials inquired about the goods loaded in the vehicle on which he replied that these are only empty plastic crates. Still, to ascertain the veracity of the statement of the accused, the police officials looked in the body of the truck with torchlight and noticed cartons beneath the empty plastic crates. Police officials asked the driver to show the permit to transport liquor, but he could not produce any permit. Since it was midnight and it was impossible to search, as such, the police officials made the driver take his vehicle towards the Mini Secretariat, Hamirpur, and they got it parked there.

(3.) In the morning i.e., Oct 8, 2007, the police officials associated two independent witnesses, namely Ajay Kumar (PW-1) and Kalyan Chand (PW-9), out of whom they had hired Ajay Kumar (PW-1) to unload the vehicle.