GOPAL DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 31.1.2004, passed by learned Chief Judicial Magistrate, Bilaspur, District Bilaspur, Himachal Pradesh, in Case No.255/1 of 2001, titled as State versus Gopal Dass & others, as affirmed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh, vide judgment dated 30.11.2006, passed in Criminal Appeal No.2/10, titled as Gopal Dass & others versus State of H.P., accused-petitioners (hereinafter referred to as the accused) have filed the present Revision Petition under the provisions of Section 397/401 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of the prosecution that on 1.2.2001 at about 9.30 p.m., Inspector Shri Pritam Singh (PW-5) alongwith HC Shri Jai Pal, Constables Shri Ram Singh, Shri Brij Lal, Shri Pardeep and Shri Devi Ram, had laid a Nakka at Jhungi Mor, when the accused came in a vehicle (Jeep No.HP- 24-4434). Witness Shri Sajid Mohammed (PW-1) was also present there. The vehicle was stopped. Accused Gopal Singh was driving the vehicle and accused Prakash Chand and Amarjeet were sitting inside. On checking, it was found that 94 carton boxes were loaded in the jeep. One box was opened, which contained 12 pouches of country liquor of 'Ranger Orange' brand. Out of this box, three sample pouches were taken and sealed with seal impression 'J' and the remaining nine pouches of the opened carton box were also sealed. Sample seal was handed over to witness Shri Sajid Mohammed (PW-1). The cartons were seized in the presence of HC Shri Jagat Pal (PW-2). Ruka (Ex. PW-5/C) was sent through Constable Shri Brij Lal (not examined). On the basis of the same, FIR No.21/2001, dated 1.2.2001 (Ex. PW-4/A), under the provisions of Section 61 of the Punjab Excise Act as applicable to the State of Himachal Pradesh was registered at Police Station Sadar, District Bilaspur, Himachal Pradesh. The sample was sent to the Chemical Laboratory and report (Ex. PX) of the Chemical Examiner obtained by the police. With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as six witnesses. Statements of the accused under the provisions of Section 313 of the Code of Criminal Procedure, 1973 were also recorded.