SANTOSH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 25/2022, dtd. 22/1/2022, under Ss. 39(1)(a) (c), 47 and 50 of Himachal Pradesh Excise Act and Ss. 420, 467, 468, 471, 304 and 120-B of Indian Penal Code, registered at Police Station Nalagarh, District Solan, H.P.

(2.) Brief facts are that on 21/1/2022, police officials of Police Post Joghoo under Police Station Nalagarh, District Solan, H.P. conducted a raid at place Nal (Gujjarhatti) forest and seized a number of articles evidently used in manufacture/illicit bottling etc. of liquor. Initially, the case was registered under Ss. 39(1)(c), 47 and 50 of Himachal Pradesh Excise Act. During investigation, implication of various persons in manufacture of spurious liquor, its bottling and sale etc. was found. Such persons were arrested. It was also found that various acts of fraud, forgery etc. had also been committed in pursuance to criminal conspiracy between various persons. An employee of one of the persons arrayed as an accused was found to have died by consuming the spurious liquor. Accordingly, Ss. 420, 467, 468, 471, 304 and 120-B of IPC were added.

(3.) The allegation against the petitioner is that he had supplied to his co-accused huge quantity of spirit. Involvement of petitioner was also found in case registered at Police Station Sundernagar, under Ss. 304, 308 and 120-B of IPC, vide FIR No.15/2022, dtd. 19/1/2022. Petitioner was in custody in aforesaid FIR of Police Station Sundernagar. His custody was got transferred for investigation in the instant case.