STATE OF H.P. Vs. SUDESH RAJ

JUDGEMENT

(1.) The State of Himachal Pradesh has preferred this appeal from the judgment of acquittal passed on August 6, 1988 in Criminal Appeal No. 4 of 1988 by the learned Sessions Judge, Chamba setting aside the conviction of Sudesh Raj and Madan Lai (hereinafter respondents), by his judgment dated 5 -12 -1987 in Criminal Case No. 222 -1/87, under section 61 (1) (a) of the Punjab Excise Act, 1914, as applicable to the State of Himachal Pradesh.

(2.) The brief facts giving rise to this case are that on January 9, 1985, A. S. I. Amar Singh (PW 9) alongwith a police party was returning back after patroling from Sultanpur, Chamba town. He organised a raiding party on receipt of information that the respondents were selling foreign liquor in a Beer Bar in Chowgan Bazar, Chamba. He also joined an independent witness, namely, Mohinder Singh (PW 1). The party then raided the Beer Bar and found Sudesh Raj, Salesman present there. On search conducted by the raiding party, one bottle of Foreign Liquor, Black Knight, two bottles of MMB Fine Whisky, half bottle of Old Monk, 1 -1/4 quarter of Old Monk, 1/2 bottle of MMB Fine Whisky and 1/2 bottle liquor in Golden Eagle Bottle were found in the Friz of the respondents. After completing the codal formalities in accordance with law, the samples were taken and bottles and samples were sealed with impression H and the seal was handed over to PW I. The recovered bottles were taken into possession vide recovery memo (Ext. PA). On receipt of report of the Chemical Examiner, challan under section 61 (1) (a) of the Punjab Excise Act (hereinafter Excise Act) was laid by the police before the trial Court against the respondents.

(3.) The trial Magistrate found them guilty and convicted them under section 65 (b) of the Excise Act and imposed a fine of Rs 500 each, in default of payment of which, they were ordered to undergo simple imprisonment for a period of two months.