STATE OF HIMACHAL PRADESH Vs. GIAN CHAND

JUDGEMENT

(1.) State has preferred this appeal against acquittal of respondent in Criminal Case No. 22/1/8/ 48-III-08, arising out of FIR No. 254 of 2007, registered in Police Station Hamirpur under Sec. 61(1)(a) of Punjab Excise Act as application to State of Himachal Pradesh.

(2.) Prosecution case is that on 18/6/2007, police patrolling party headed by PW9 HC Surender Kumar received a credible information that respondent was selling liquor in his shop unauthorizedly and on raiding the said shop, huge quantity of liquor would be recovered. As there was apprehension of destroying/destruction of case property, therefore, for registration of FIR, a Ruka Ext.PW9/A was prepared and sent to Police Station Hamirpur, which led to registration of FIR Ext.PW6/B.

(3.) After associating Vidhi Chand PW11 as an independent witness in the search and seizure process, shop was raided in presence of accused and during search, total 145 bottles, of various Marks of Whisky, Rum, I.M.F.L., Lal Kila, Una No.1 and Punjab Orange, were recovered from shop of respondent. Respondent could not produce any permit in this regard, whereupon all bottles were seized vide memo Ext.PW9/B after keeping one bottle of each kind as sample and these bottles were sealed with seal impression Ext.PW9/D. Impression of said seal was taken on separate piece of cloth.