STATE OF H.P. Vs. JAISSA DEVI

JUDGEMENT

(1.) The present appeal is directed against the judgment dt. 8/6/2012, passed by learned Additional Sessions Judge, Sirmour at Nahan, District Sirmour, HP, vide which the judgment of conviction dt. 20/2/2009 and order of sentence dtd. 21/2/2009, passed by learned Judicial Magistrate First Class, Court No.1, Paonta Sahib, District Sirmour, H.P. (learned Trial Court) were set-aside and the respondent (accused before learned Trial Court) was acquitted of the charged offences (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience )

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of an Offence punishable under Sec. 61(1)(a) of the Punjab Excise Act (as applicable to the State of H.P.). It was asserted that ASI Raj Kumar (PW7), LC Maya Devi (PW1) and HHC Surat Singh (PW3) were on patrolling duty on 15/10/2006 vide entry No. 47 (Ex.PW4/A). They received secret information at 9.15 AM, near Kripal Shilla Gurudwara and Bangala Colony, that Jassa Devi (accused) was dealing in illicit liquor, and a huge quantity of liquor could be recovered from the search of the house. The information was reduced into writing vide memo (Ex.PW7/A) and was sent to the Police Station, where FIR (Ex.PW3/A) was registered. The police associated Balkis (PW2) and Amar and went to the house of the accused, where she was found alone. The police searched the house and recovered a drum containing 200 litres of lahan. The police retained a sample of lahan in a container of 5 litres and a bottle. They sealed the container and the bottle with seal 'H'. Seal impression (Ex.PW7/B) was taken on a separate piece of cloth, and the seal was handed over to witness Balkis (PW2) after its use. The drum of lahan was destroyed on the spot. The container and the bottle were seized vide seizure memo (Ex.PW1/A). ASI Raj Kumar (PW7) investigated the matter. He prepared the site plan (Ex.PW7/C) and recorded the statements of witnesses as per their version. He deposited the container and bottle with ASI Raghubir Singh (PW5), who deposited it in the malkhana and sent the sample to CTL, Kandaghat, for analysis through LHC Naresh Kumar (PW6) vide RC No. 221/06. LHC Naresh Kumar deposited the sample with CTL, Kandaghat, in a safe condition and handed over the receipt to MHC on his return. The result of the analysis (Ex.PW7/E) was issued, in which it was mentioned that the sample of illicit lahan contained 20.4% proof alcohol. After the completion of the investigation, the challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court charged the accused with the commission of an offence punishable under Sec. 61(1)(a) of the Punjab Excise Act (as applicable to the State of H.P.), to which he pleaded not guilty and claimed to be tried.