SH. RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present Criminal revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, petitioner has challenged the judgment dated 12.5.2009, passed by learned Additional Sessions Judge Fast Track Court, Shimla in Criminal Appeal No.2 -S/10 of 2007, whereby, he has set aside the judgment dated 13.10.2006, passed by learned Chief Judicial Magistrate, Shimla, H.P. in Criminal Case No.118/3 of 2005.

(2.) Briefly stated, the facts of the case are that on 11.7.2005, at about 10:45 PM, while a police party headed by ASI Harnam Singh (PW -3) were present at Lower Bazar, Shimla, the present petitioner( in short " accused") carrying a bag on his shoulder was seen coming from Subzi Mandi side towards Lower Bazar. On seeing the police party, the accused tried to run away and police got suspicious, however, accused was apprehended and after checking, he was found to be carrying 12 sealed bottles of country liquor marka " Suroor" in his bag. Each bottle was found to be containing 750ml country liquor. Since accused failed to produce any licence or permit for keeping 12 bottles of country liquor in his possession, police took him in custody as well as 12 bottles of country liquor, which were recovered from his bag. As per prosecution story, two bottles were opened and one sample was separated from each so unsealed bottles. All the three samples were sealed with seal impression "A" and remaining recovered bottles were also sealed with same seal and taken into possession by the police. After apprehending the accused, ruqua was sent to the police station, on the basis of which FIR Ex.PW3/B, was registered against the accused. Site plan EX.PW3/C of the spot was prepared and the statements of the witnesses were also recorded. The sample, which was sent for chemical examination were opined to be country liquor. Police after completion of the investigation, presented the challan in the Court.

(3.) The court of learned Chief Judicial Magistrate, charged the accused for the commission of the offence punishable under Section 61(1)(a) of Punjab Excise Act, as applicable to the State of HP, to which accused pleaded not guilty and claimed trial.