STATE OF HIMACHAL PRADESH Vs. ANIL KUMAR

JUDGEMENT

(1.) By way of instant appeal, challenge has been laid to judgment dtd. 9/3/2010 passed by learned Additional Sessions Judge, Fast Track Court, Kullu, H.P. in Criminal Appeal No. 8 of 2009, whereby the judgment of conviction passed by learned Judicial Magistrate Ist Class, Manali on 30/1/2009 in Criminal Case No. 205-1 of 2007/5-111 of 08 and sentence order passed by such Court were set-aside and respondents were acquitted of all charges.

(2.) Respondents were charged for offence under Sec. 61 (1) (a) of the Punjab Excise Act as applicable to the State of Himachal Pradesh in case No. 205-I of 2007/5-111 of 08 by the learned Judicial Magistrate 1st Class, Manali.

(3.) The allegation against the respondents were that they were found in conscious possession of 36 bottles of Whisky (Blender's Pride), 32 bottles of Rum (Old Monk) and 36 bottles of Beer (King Fisher). It was alleged that respondents Anil Kumar and Santokh Singh were driver and conductor, respectively, of Volvo bus bearing No. DL-1PB-8858. Respondent Manoj Chaudhary was tour executive. The above mentioned vehicle was detained for checking by the police party at Aloo ground near Green Tax Barrier, Manali on 30/12/2006 at about 6.30P.M. The police party was stated to be accompanied by Excise and Taxation Inspector, Prem Chand, besides Ashwani Kumar and Ajay Kumar as independent persons. On checking of the bus, the aforesaid liquor was found placed in the dickey of the bus. Respondents were found carrying the said liquor without any valid permit or pass. Accordingly, they were booked for the offence as noticed above.