STATE OF H P Vs. BHIM SINGH

JUDGEMENT

(1.) This petition under Sections 397, 401 read with Section 482 of the Code of Criminal Procedure arises out of the orders of the learned Sessions Judge, Sirmaur District at Nahan dated 19th July, 2001.

(2.) It appears, on 13/04/2001 one truck No. HP 18-4524 was found stationed in front of liquor shop L-14 at Naina Tikar. That truck was checked by the Excise Inspector Kuldeep Kumar and it was found that the truck was loaded with 600 boxes of Country Liquor (Sirmaur No. 1), Excise Inspector Kuldeep Kumar telephonically informed the police. On the receipt of the message, police officials came to Naina Tikar. Six hundred boxes of the liquor found in the truck, were taken into possession. The driver of the truck could not produce any document, permit or pass to carry such liquor. It was the case of the prosecution that the driver could only produce four passes for transporting 325 boxes. It was the further cases of the prosecution that this liquor was being illegally transported to Naina Tikar from the liquor vend L-13 of M/s. Mukul Kumar and Company, Lala Amb. Out of the 600 boxes there was a pass to carry 325 boxes of Country Liquor from L-13 Kala Amb to L-14 Rajgarh. L-14 Nehripur, L-14 Hebal and L-14 Shari. On the next day i.e. 14/04/2001, Bhim Singh, owner of the respondent, Company, approached the Station House Officer at Pachhad, where the case was registered, and represented the seized liquor belonged to his Company. He produced photocopy of a permit to carry 600 boxes of liquor. He complained that the Excise Officer had forcibly unloaded the liquor from his truck.

(3.) It is not disputed that Bhim Singh is a Liquor Contractor with L-13 licence in the name and style of M/s. Bhim Singh and Company at Solan. On the receipt of this complaint, the matter was investigated by the police and it was found that liquor under the produced by Bhim Singh was loaded in truck No. HP-11-3099 on 13/04/2001 at 4.15 p.m. Whereas, the liquor which was seized at Naina Tikar was found in truck No. HP-18-4524 at about 11.30 a.m. It was also found that the 600 boxes of liquor which were detected from Truck No. HP-18-4524 by the Excise Officer belong to M/s. Mukul Kumar and Company, L-13, Kala Amb and the documents produced by Bhim Singh were false and fabricated. In the circumstances, Bhim Singh was also made accused in the case. It is the further case of the prosecution that M/s. Bhim Singh and Company of Solan and M/s. Mukul Kumar and Company, Kala Amb, conspired to off track the investigation and it was pursuant to this conspiracy that Bhim Singh produced forged documents claiming the liquor.