GIRDHARI LAL Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner has assailed his conviction and sentence imposed upon him by trial Court affirmed by learned Sessions Judge in appeal.

(2.) I have heard learned counsel for parties and have also gone through material placed on record.

(3.) Prosecution case is that on 5.1.2007 at about 10 PM police party headed by SI Gurdeep Singh consisting of PW-2 HHC Rajender Singh and PW-4 HC Sehdev departed police station after recording DD entry report No. 13 dated 5th January 2007. At about 11.30 PM, on reaching near village Byass, they saw fire light on Dober Khala side. They reached on the spot to inquire the matter and found that respondent had set up apparatus for production of illicit liquor. Police party recovered 10 Ltrs illicit liquor and 100 Ltr drum containing Lahan. After taking one bottle from drum as sample, remaining Lahan was destroyed. One bottle as sample was also taken from illicit liquor. Entire case property was sealed vide memo Ex. PW-2/A. Rukka Ex. PW-5/A was sent to Police Station through PW-2 Rajender Singh for registration of FIR and in pursuance to same, FIR Ex. PW-2/A was registered. After completion of investigation and obtaining report of Chemical Examiner Ex. PW-5/D, challan was presented in the Court against the accused.