DHANI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present revision petition filed under Section 397(1) read with Section 401 of the Code of Criminal Procedure, is directed against the judgment dated 24.8.2007 passed by learned Sessions Judge, Kullu, in Criminal Appeal No. 28/2005, affirming the judgment dated 1.10.2005 passed by Judicial Magistrate Ist Class, Manali, District Kullu, Hp, whereby accused has been convicted under Section 61(1)(a) of Punjab Excise Act, as applicable to the State of HP and has been sentenced to undergo rigorous Whether reporters of the local papers may be allowed to see the judgment imprisonment for a period of six months and to pay fine of Rs. 5000/ - and in default of payment of fine to undergo simple imprisonment for a period of one month.

(2.) Briefly stated, case of the prosecution is that on 16.7.2004, when a police party headed by SI Preetam Chand along with ETI Prem Chand was on patrolling duty at Haripur at 6:00 AM, they received a secret information that accused indulges in preparing and selling of illicit liquor at his house. On the basis of the aforesaid information, ruqua Ex.PW2/A was sent to the police Station through HHC Daulat Ram and on the basis of which, FIR Ex.PW2/B was registered against the accused. Thereafter, as per story of the prosecution, before raiding the house of the accused, as per aforesaid information, police party associated Nanak Chand (PW -6) as independent witness and then proceeded towards the house of the accused. It is specific case of the prosecution that during search of the house of the accused, three plastic cans containing each 40 liters illicit liquor were recovered from the cattle shed of the accused. After recovery of aforesaid liquor, samples were taken from the recovered cans for chemical analysis and thereafter cans as well as samples were sealed with seal impression "P", which were taken into possession vide memo Ex.PW1/A. The investigating Officer also prepared spot map Ex.PW4/B and recorded statements of the witnesses under Section 161 Cr.P.C. Police after completion of the investigation, presented the challan before the appropriate Court against the accused under Section 61(1)(a) of Punjab Excise Act, as applicable to the State of HP.

(3.) The learned trial Court after satisfying itself that a prima facie case exist against the accused, framed the charge under Section 61(1)(a) of Punjab Excise Act, as applicable to the State of HP, against the accused, to which accused pleaded not guilty and claimed trial.