AJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) All these petitions are being decided by a common order, as common questions of law and facts are involved.

(2.) On 11/1/2022, a police party of Police Station, Khundian, District Kangra, H.P., during patrol, intercepted a vehicle (Tempo) No. HP29C- 8877 and found 200 boxes having 12 bottles of 750 ml in each of the boxes of country liquor of "Pure Santra" brand loaded therein. The vehicle was driven by one Abhishek, who handed over to police a permit No.11001223247796 with pass No. 1110122341577 and permit "Form L-34", according to which, the consignment was being transported to M/s Durga Enterprises, Old Hoshiarpur Road Una H.P. from M/s Goverdhan Bottling Plant Pvt. Ltd, Jogindernagar, District Mandi, H.P. (for short Bottling Plant) via route Palampur, Sujanpur, Dhaneta, Bangana and Una. The Tempo, however, was intercepted on a different route. Cutting was also found on Form L-34, which revealed that vehicle No. HP29C-8877 was written by scoring of original writing. A case under Sec. 39 (1) (A) of the H.P. Excise Act and Ss. 420 and 120B of IPC was registered vide FIR No. 5 of 2022 dtd. 11/1/2022, by police of Police Station, Khundian, District Kangra, H.P.

(3.) According to Investigating Agency, many persons, including bail petitioners had entered into a criminal conspiracy to commit the alleged offences and in pursuance thereof have committed the offences punishable under the aforesaid provisions of law.