STATE OF H P Vs. SUBHASH CHAND

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 15.2.2008 rendered by the learned Judicial Magistrate, 1st Class, Barsar, District Hamirpur, in Excise Case No. 1-III-2007, whereby the learned trial Court acquitted the respondent (for short "accused") for the offences charged.

(2.) Brief facts of the case are that on 28.2.2006 at about 12.45 a.m. in the night HC Purshotam Dass No. 41 alongwith HHC Ajit Singh No. 149 and HHG Rakesh Kumar No. 10-5/101 was on patrolling duty at place Mehre vide Rapat Ex.PW-4/B. At the relevant time one Maruti car bearing No. HP-23A/2680 came from Dandru side at a high speed which was stopped by the police officials and on the basis of suspicion the aforesaid vehicle was checked. The police official recovered 5 cartons of Indian Made foreign liquor "Bagpiper whisky" each containing 12 bottles and one carton of country liquor "Patiala brand". The police extracted out 2 bottles from two cartons of "Bagpiper whisky" and 1 bottle of country liquor "Patiala brand", separately for sample purpose and thereafter sample bottles and remaining liquor were sealed and were taken into possession vide recovery memo Ex.PW-1/B. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court qua his committing offence punishable under Section 61(1)(a) of Punjab Excise Act as applicable to the State of H.P, to which he pleaded not guilty and claimed trial.