STATE OF H.P. Vs. MALKIAT SINGH

JUDGEMENT

(1.) The acquittal of the respondents in Criminal Case No.99 -III/01, passed on 18.5.2004 by the learned trial Court has been challenged by the State for the offence punishable under Section 61 (i) (a) of Punjab Excise Act, 1914 as applicable to Himachal Pradesh. Leave to appeal was granted on 2.12.2004 only against respondent Malkiat Singh by this Court.

(2.) Heard and gone through the evidence o record.

(3.) n short, the prosecution story can be stated thus. During the intervening night of 24th and 25th April, 2001 around 12.15 a.m., an excise raiding party headed by PW1 E.T.O. Narain Singh intercepted Jeep No.HP -54 -9785, which was being driven by respondent Malkiat Singh near village Panalth coming from the side of Nagrota Surian. It was found loaded with the country liquor as follows: - Sl. No. Kind of Wine Batch No.andDate. Quantity