STATE OF H.P. Vs. DHANESHWARI DEVI

JUDGEMENT

(1.) The acquittal of Smt. Dhaneshwari Devi by Judicial Magistrate, First Class (III), Mandi in Police Challan No. 50 -1/86 has been challenged by the State by way of this appeal, and it has been urged that this decision of 30 -8 -1986 deserves to be set -aside being against the evidence on record.

(2.) The prosecution case, in brief, is that on 24 -3 -1986, the Police intercepted the accused in village .lajrot and on search, found a pitcher containing six kgs. of Lahan. It was seized, sealed and taken into possession by the Police. It was examined at a later stage by Kehar Singh, Excise and Taxation Inspector, who opined that it was a mixture of Gur, water and Kikar bark and was ready for distillation purposes. Accordingly, the accused was challaned under Sec. 61 of the Punjab Excise Act as applicable to the State of Himachal Pradesh.

(3.) The accused has denied the commission of offence and claimed trial. The prosecution examined as many as six witnesses in this case to support its allegations. However, the accused was acquitted by the Court by the impugned judgment.