NAIN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed judgment dtd. 29/11/2012, passed by learned Sessions Judge, Sirmour, District at Nahan in Criminal Appeal No. 56-Cr.A/10 of 2011, whereby the judgment and sentence order 25/5/2011/30/5/2011, passed by learned Judicial Magistrate, 1st Class, Court No.1, Paonta Sahib, District Sirmour, H.P. has been affirmed.

(2.) The case of prosecution in nut-shell was that on 5/1/2007, HC Bahadur Singh (PW-5) and Constable Kailash Kant (PW-4) were on routine patrol duty. They met Sh. Telu Ram (PW-1), who was on his way to Village Tikkar. All of them proceeded together in the direction of Village Tikkar. On the way, they noticed smoke emanating from the side of "Nallah" (Stream). They proceeded towards the direction from where the smoke was emanating and found that petitioner was operating illicit liquor "Bhatti". About 150 liters of "Lahan" was found in the drum and six bottles of distilled illicit liquor were found contained in a container. Samples of "Lahan" and illicit liquor were drawn and were sealed. The equipment used for preparation of illicit liquor was taken into possession. "Rukka" was sent to Police Station and on the basis of which, FIR Ext. PW-4/A was registered. The samples were sent for chemical examination to CTL, Kandaghat. Those were confirmed to be of "Lahan" and illicit liquor vide report Ext. PW-6/A. A prima-facie case under Sec. 61 (1) (c) of Punjab Excise Act, as applicable to the State of Himachal Pradesh (for short "the Act"), was found against the petitioner.

(3.) Prosecution examined 7 witnesses and also proved the documents prepared during investigation. Petitioner was examined under Sec. 313 Cr.P.C. He did not lead any defence evidence.