STATE OF H P Vs. SUKH RAM

JUDGEMENT

(1.) By virtue of the present appeal preferred under S. 378, Code of Criminal Procedure, the State has assailed the acquittal of the respondent Sukh Ram, hereinafter referred to as the accused, of the offence under S. 61(1)(a), Punjab Excise Act, as applicable to the State of Himachal Pradesh, as recorded by the learned Sessions Judge vide judgment dated 11-3-1998 passed in Criminal Appeal No. 16 of 1994.

(2.) Briefly stated, the prosecution story is this. On the night intervening 28/29-12-1989 at about 12-30 a.m. PW-6 Sub-Inspector Hans Raj, the then Station House Officer. Police Station, Talai along with certain other police officials was present at Koserian in connection with routine patrolling and detection of excise offences. He received a secret information about the accused being indulged in illicit trade in liquor and that a large quantity of liquor could be recovered if a raid was immediately conducted. On the basis of such information a raiding party was constituted. PW-1 Bhajan Lal and PW-2 Durga Ram, the two independent witnesses were associated. A raid was conducted at the shop of the accused and during the course of search 54 bottles of "Victor XXX Rum" were recovered. The bottles so recovered were seized and taken into possession after following the necessary procedure of sealing and sampling. In all 54 samples, that is, one sample from each of the 54 bottles recovered, were taken. Such samples on having been analysed were found to be of illicit liquor.

(3.) After completion of the investigation, the accused was sent up for trial for the offence under Section 61(1)(a), Punjab Excise Act, as applicable to the State of Himachal Pradesh. The accused pleaded not guilty and claimed trial.