STATE OF HIMACHAL PRADESH Vs. CHANDERESH KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the learned Additional Sessions Judge, Solan in Criminal Appeal No. 12-A/10 of 1997, decided on 3.7.1999 whereby he has accepted the appeal filed by the accused and set aside the judgment of the learned Sub Divisional Judicial Magistrate, Arki convicting the accused of having committed the offence under Section 61 (1) (a) of the Punjab Excise Act as applicable to the State of Himachal Pradesh and sentencing him to undergo simple imprisonment for six months and fine of Rs.2,000/-.

(2.) THE prosecution case was that on 5.3.1996 the police party was present at bus stand, Darlaghat in connection with the investigation of some other case under the Excise Act. During the course of investigation of that case Constables Virender Kumar and Mansha Ram stopped the accused Chandresh Kumar and on search of his bag 6 bottles of Director Special Whisky and 3 bottles of Bag Piper Whisky were recovered. One sample each of Director Special and Bag Piper were taken and thereafter investigation was done and the accused was challaned. The accused was convicted by the learned trial court.

(3.) IN view of the interpolation in the charge sheet the Registrar (V) was asked to hold an inquiry and his prima facie conclusion is that this interpolation was done by the Magistrate herself. This interpolation could be traced only because the accused, fortunately for himself and unfortunately for the Judicial Officer concerned, had obtained certified copy of the charge sheet before the decision of the case. The charge was framed on 25.9.1996. The accused obtained duly certified photocopy on 9.4.1997. The interpolation was made later on by the trial court. It is thus clear that the trial court convicted the accused of an offence with which he had not been charged.