LAWS(HPH)-2016-12-232

JOGINDER SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On December 28, 2016
JOGINDER SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way this revision petition, petitioner/accused has challenged the judgment passed by the Court of learned Additional Sessions Judge, Fast Track Court, Hamirpur, in Criminal Appeal No. 36 of 2007, dated 15.01.2010, vide which learned Appellate Court, while dismissing the appeal filed by the present petitioner, upheld the judgment of conviction and sentence imposed upon the present petitioner by the Court of learned Chief Judicial Magistrate, Hamirpur, in Case No. 206-I-05/20-III-06, dated 16.05.2007, whereby learned trial Court convicted the present petitioner for commission of offence punishable under Section 61 (1) (a) of Punjab Excise Act, as applicable to State of Himachal Pradesh (hereinafter referred to as 'Act' ) sentenced him to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 5,000/- for commission of offence punishable under Section 61 (1) (a) of the Act.

(2.) The case of the prosecution was that on 29.04.2005, at about 6:00 p.m. when PW5 ASI Chaman Lal and HHC Jagat Ram were present at main bazaar, a secret information was received that Joginder Singh (petitioner/ accused) had kept huge quantity of liquor and in case search was made, the same could be recovered. As per the prosecution, on the basis of said information, rukka Ext. PW5/A was prepared, which was sent to Police Station, on the basis of which, FIR Ext. PW5/B was registered. Witnesses PW2 Kishore Chand and PW1 Anil Kumar were associated and the search of shop of accused was conducted in the presence of said witnesses, which led to recovery of 12 bottles of country liquor bearing mark Una No. 1, each containing 750 ml. of country liquor. Permit was demanded from the accused for possessing the bottles which could not be produced by him. Out of bottles so seized from the accused, three bottles were retained as samples which were sent to C.T.L. Kandaghat for chemical analysis through PW4 Constable Chaman Lal. Result of chemical analysis Ext. PW5/E revealed that each sample of country liquor contained 50 % proof alcohol in it. After the completion of investigation, challan was filed in the Court and as a prima facie case was found against the accused, he was accordingly charged for commission of offence punishable under Section under Section 61 (1) (a) of Punjab Excise Act, as applicable to State of Himachal Pradesh, to which he pleaded not guilty and claimed trial.

(3.) On the basis of evidence led by the prosecution both ocular as well as documentary, learned trial Court held that prosecution was able to prove its case against the accused that he was found in possession of country liquor in excess of the limit of retail sale and he had failed to produce any permit for possessing them as was required in law. On these bases, it was held by the learned trial Court that accused had violated the provisions of Section 61 (1) (a) of the Act and it convicted the accused.