STATE OF HIMACHAL PRADESH Vs. SANDEEP KUMAR S/O SH. PREM LAL R/O VILLAGE BASOLU PO AND PS DHARAMPUR, DISTRICT SOLAN, H.P.

JUDGEMENT

(1.) STATE has challenged the acquittal of the respondent recorded by the learned trial Court for the offence punishable under Section 61(1)(a) of Punjab Excise Act as applicable to the State of H.P. Heard and gone through the record.

(2.) IN short, prosecution case is that on 28.9.2009, in the evening PW5 ASI Ram Swaroop was heading a police petrol party near main Chowk Manali. Around 5.30 p.m., the said raiding party received an information that respondent, who was the owner of Moon Dance Caf ‚ Old Manali, indulged in sale of Beer in his caf ‚. Finding this information credible, he jotted it down on a piece of paper Ext. PW5/B and sent ruka to police Station through HHC Lal Singh for the registration of the case. No attempt was made by the raiding party to include independent witnesses, no reason therefor assigned for not doing so despite availability and proceeded to the spot, raided the premises of the respondent and alleged to have recovered 8 cartons of King Fisher beer containing 12 bottles, out of each carton, one bottle was separately taken as sample, sealed with seal impression 'H'. Sample of the seal was also taken on a piece of cloth Ext. PW1/B. PW5 ASI Ram Swaroop handed over seal used for sampling to PW2 HC Narayan Singh. The bottles were taken into possession vide memo Ext. PW1/B along with remaining recovery. Site plan Ext. PW5/A of the alleged place of incident was also prepared.

(3.) AFTER receipt of the report of analysis, challan was presented in the court for the trial of the respondent.