STATE OF H P Vs. SANJEEV KUMAR

JUDGEMENT

(1.) Both these appeals stand directed by the State of Himachal Pradesh against the impugned judgement(s) recorded by the learned Additional Sessions Judge, Fast Track Court, Solan, District Solan, whereby he recorded a verdict of acquittal upon the accused respondents.

(2.) The brief facts of the case are that on 12.11.1999 around 9.00 a.m at Panch Parmeshwar Mandir I.O. PW-2 S.I. Virender Kumar was present alongwith other police officials including PW-8 H.C.Ravinder Lal when he received the secret information that one maruti van No. HP-02-4951 was carrying liquor coming from Chandigarh to Shimla. It is alleged that vehicle was not having front number plate and when the vehicle was seen by I.O. it was signaled to stop but it was not stopped and said maruti van was chased by police Naka party in taxi No. HP-01-078. But aforesaid van drove away towards bye pass road. It is alleged that when the aforesaid van allegedly carrying liquor reached near HRTC workshop bifurcation then a bus No. HP-14-3696 was coming out of workshop but due to rash driving of accused Ram Kumar driver of van struck against the bus. It is also alleged that then accused Sanjiv Kumar, who was sitting in van, tried to run away, but was over powered by police party and accused Ram Kumar was apprehended by police inside the car. It is also alleged that van was searched in presence of PW-5 Darshan Singh, Karam Chand, Kapil Sahani and in the back seat of the vehicle and dickey, 7 gunny bags were found, out of which six bags were found carrying 4 boxes each and one bag was found containing 2 boxes of country liquor and each box was containing 50 pouches each of 180 ml. liquor. It is also alleged that then I.O. took out 26 pouches out of which 26 nips were taken as sample and case property was sealed in presence of witnesses at the spot vide memo Ext.PW-2/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.) A charge stood put to the accused by the learned trial Court for theirs committing offences punishable under Sections 61(i)(a) of the Punjab Excise Act to which they pleaded not guilty and claimed trial.