STATE OF HIMACHAL PRADESH Vs. MUNISH KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the learned Chief Judicial Magistrate, Kangra at Dharamsala in Criminal Case No. 74- III/94,43-I/94 RBT 50-III/96, decided on 20.4.1999 whereby the accused have been acquitted of having committed the offence under Section 61(1)(a) of the Punjab Excise Act.

(2.) THE prosecution case in brief is that on April 15, 1994 around 12.30 a.m. when ASI Gurmail Singh alongwith some other constables was on patrolling duty near the crossing close to the Red Cross Office, Dharamsala, a Maruti Van No. HP-02-3570j came from the Charan Khad side. The police party stopped the Van. It was being driven by Ravi Kumar accused, while accused Manish Kumar and Jiwan Dass were sitting on its back seat. A search of the van yielded 13 cartons of various types of Indian Made Foreign Liquor (IMFL). 3 cartons contained 36 bottles of Fine XXX Rum, 1 carton contained 48 sealed pints of Swingers Gin, 1 contained 48 sealed of Haywards Fine Whisky, 3 contained 72 sealed halves of Fine XXX Rum, 1 contained 24 sealed halves of VRV XXX Rum and the remaining 4 contained 192 sealed pints of Fine XXX Rum. According to the prosecution the accused persons failed to produce necessary permit with regard to the possession and transportation of liquor. Accordingly the cartons together with the bottles were seized and sealed. Samples were taken and were sent for analysis to CTL, Kandaghat. After receipt of the chemical examiner's report confirming the contents of the sample to be alcohol and on completion of investigation the three accused were charge-sheeted for having committed an offence of the Act. The accused pleaded not guilty and claimed trial.

(3.) AT this stage it would be pertinent to refer to the stand taken by the accused in their statements under Section 313 Cr.P.C. In answer to the question as to why the prosecution witnesses have deposed against them, all the accused have given similar versions. The answer of Manish Kumar, who was a Salesman in a liquor vend is as follows:-