PARBINDER SINGH Vs. STATE OF HP

JUDGEMENT

(1.) This revision petition has been filed against judgment dated 14.1.2008 passed by the Court of learned Addl. Sessions Judge, Fast Track, Kangra at Dharamshala in Cr. Appeal No. 15 - D/X/2007 affirming the judgment passed by the Court of learned Chief Judicial Magistrate, Kangra at Dharamshala in Criminal Case No. 297 -III/05 dated 09.07.2007, vide which the present petitioner has been convicted for offence under Section 61(1)(a) of the Punjab Excise Act, 1914, as applicable to the State of Himachal Pradesh.

(2.) In brief, the case of the prosecution was that on 3.7.2005 police personnel headed by SI Surinder Thakur were at village Nagroti, District Kangra on a routine patrol. On the said date, at around 7:30 p.m., Head Constable Kuldeep Chand received information on his mobile from MHC, Dharamshala that a Van bearing registration No. HP -02 -5259 was coming towards Yol side after committing an accident and that the same should be stopped. Accordingly, some police officials were deputed to Narwana Chowk to lay a seize, and Sub Inspector also reached there.

(3.) At about 9:15 p.m., a Mahindra Jeep bearing registration No. HP -37 -4495 came from Dharamshala side, which was stopped by the police. He was found transporting 40 boxes, each box containing 12 bottles of country liquor 'Lal Killa' brand without any licence. Thereafter, the identity of the accused was obtained. From five boxes, one bottle each was taken and from said five bottles, one nip each was taken out as sample for the purpose of analysis. Thereafter, these five bottles and five nips were sealed with seal impression 'A'. Sample impression of the seal was also taken separately and bottles recovered along with liquor were taken into possession.