STATE OF HIMACHAL PRADESH Vs. NARESH KUMAR

JUDGEMENT

(1.) The present criminal revision petition filed under Section 397 Cr.PC read with Sections 401 & 482 Cr.PC, is directed against the order dated 31.12.2008, passed by the learned Additional Sessions Judge, Shimla, HP, in case No. 40 -S/10 of 2007, titled "State of Himachal Pradesh v. Naresh Kumar", affirming the judgment of acquittal dated 21.7.2007, passed by the learned Judicial Magistrate, Ist Class, Theog, District, Shimla, HP, in case No. 107 -3 of 2006 titled "State of Himachal Pradesh v. Naresh Kumar," whereby accused -respondent herein, has been acquitted of the charges for the offence punishable under Section 61 (1) (a) of the Punjab Excise Act, 1914, (In short "the Act"), as applicable to the State of Himachal Pradesh.

(2.) In nutshell, case of the prosecution is that on 4.3.2006, HC Balbir Singh, PW -7, Constable Mahinder Singh PW -1, and other police officials, had laid Naka at Gumma -Baghi bifurcation road and at around 12:45am (midnight), Maruti Car bearing No. HP - 09A -1283 came from Chhaila to Kotkhai side. On checking of the aforesaid car, four boxes of English liquor mark 'Bagpiper' containing twelve bottles in each box were recovered. As per prosecution story, out of the bulk, one bottle from each box was withdrawn as sample and thereafter sealed with seal having impression 'K' and the bulk and the samples were taken into possession vide memo Ext.PW.1/A. The sample of the seal was also taken on white cloth Ext.PW -1/E. Thereafter, Ruka Ext.PW -7/B, was sent to the Police Station, on the basis of the same, FIR Ext.PW -5/A was lodged/registered against the respondent - accused. Spot map Ext.PW -7/C was prepared during the course of the investigation and vehicle was taken into possession, vide memo Ext.PW -2/A, alongwith its documents. Vide Memo Ext.PW - 6/A, documents were handed over to Balibir Singh on sapurdari.

(3.) In the present case, prosecution with a view to prove its case examined as many as seven witnesses. Statement of accused under Section 313 Cr.PC was also recorded, wherein he stated that he has been falsely implicated. However, he did not lead any evidence in his defence. Learned trial Court after appreciating the material on record vide judgment dated 21.7.2007, acquitted the accused for the offence committed under Section 61 (1) (a) of the Act.