STATE OF HIMACHAL PRADESH Vs. YAKUB KHAN, SON OF SHRI HAKUMU DEEN, RESIDENT OF MANGLORE BANDAL, TEHSIL ROORKEE, DISTRICT HARIDWAR

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Chief Judicial Magistrate Sirmaur District at Nahan, H.P., dated 9.3.2005, vide which the respondent was acquitted of the charge framed against him under Section 61 of the Punjab Excise Act, as applicable to the State of H.P.

(2.) BRIEFLY stated, the facts of the case are that on 20.4.2000, when the police patrolling party led by the then ASI Subhash Chand, Police Station, Renukaji (PW -7), was present in the area near Runka Tunnel, a truck bearing No.HR -26 -5466 came from Haripur Dhar side and on checking of the said truck, it was found loaded with 49 gunny bags, which were checked by the police and on checking, it was found that these were containing 'Bhang leaves'. Accordingly, the case was registered against the driver of the truck, namely, Kanwar Pal, the Conductor of the truck namely Dinesh Kumar and the occupants, namely, Sehzad and Tikhu Ram, who were found sitting in the truck at that time. On completion of the investigation, the challan was filed before the learned trial Court, who tried the respondent leading to his acquittal.

(3.) IN view of the above discussion, I accordingly hold that there is no merit in the appeal filed by the appellant, which his dismissed. The bail bonds furnished by the respondent shall stand discharged.