MAHAJAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, hereafter referred to as the accused, upon having been tried for the offence under S. 61(1)(a) of the Punjab Excise Act, as applicable to the State of Himachal Pradesh, was convicted for such offence by the learned Additional Chief Judicial Magistrate, Sarkaghat, vide judgment dated 5-8-1997 and sentenced to rigorous imprisonment for six months and to fine of Rs. 2000.00. In default of payment of fine, the accused was sentenced to undergo simple imprisonment for a further period of two months.

(2.) The conviction and sentence imposed upon the petitioner by the learned trial Court were affirmed in appeal by the learned Sessions Judge on 15-5-2000.

(3.) Briefly stated, the prosecution story is this. Upon the receipt of a secret information that the accused was indulging in the illicit trade of liquor, a raid was conducted by P.W. 5 A.S.I. Ram Dayal on 9-9-1994 at the residential house of the accused in village Karnol. During the course of search, a card-board container was recovered from a room of the house of the accused. Such car-board container contained eight bottles of XXX Rum. Samples were taken out of three bottles. The samples and the bottles recovered were separately sealed and taken into possession vide memo. Ex. P.W. 1/A. Since the accused was found in possession of liquor more than the prescribed limit, a case for the offence under S. 61(1)(a), Punjab Excise Act, as applicable to the State of Himachal Pradesh, came to bee registered vide F.I.R. Ex. P.W. 5/B. The samples of liquor on analysis were found to be of Indian made foreign liquor.