SURENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both the revision petitions are being disposed of by a common judgment, as they arise out of the very same judgment and common questions of fact and law are involved.

(2.) Assailing the judgment dated 16.12.2005, passed by the learned Additional Chief Judicial Magistrate, Chopal, in Criminal Case No.31-III of 2005, titled as State versus Surender Singh and another, as affirmed by the learned Sessions Judge, Shimla, vide judgment dated 18.4.2007, passed in Criminal Appeal No.4-S/10 of 2006, titled as Surinder Singh and another versus State of Himachal Pradesh, accused-petitioners Surender Singh (petitioner in Cr.R No.69/2007) and Joginder Singh (petitioner in Cr.R No.81/2007) have filed the present Revision Petitions under the provisions of Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(3.) It is the case of the prosecution that on 16.4.2005, police party comprising of ASI Narinder Singh, HHC Suresh Kumar, Constable Moti Lal and HHG Ranu Ram, left Police Post Nerwa, for the purpose of setting up a Nakka and traffic checking duty, in a private vehicle No.HP-63-0224. While the police party had set up a Nakka at Fedazpul, at about 4 a.m., one vehicle being driven by accused Surender Singh was stopped. Accused Joginder Singh was also sitting in the vehicle. In the vehicle, boxes of alcohol were loaded. Accused persons were asked to produce permit. Since they failed to do so, the boxes were unloaded and it was found that they contained alcohol of different brands, i.e. 20 boxes (240 bottles) of Sirmour No.1; 5 boxes (60 bottles) of Director's Special whisky; and 5 boxes (60 bottles) of Beer Superior.