SANJEEV KUMAR @ SANJU Vs. STATE OF H P

JUDGEMENT

(1.) The present criminal revision petition filed under Sections 397/401 of the Cr.PC, is directed against the judgment dated 17.4.2009, passed by the learned Additional Sessions Judge, Sirmaur District at Nahan, HP, in Criminal Appeal Nos. 4-N/10 of 2007 and 6-N/10 of 2007, affirming the judgment dated 28.5.2007, passed by the learned Judicial Magistrate, Ist Class, Rajgarh, District Sirmaur, HP, in Criminal Case No. 5/2 of 2006, whereby the accused have been sentenced to undergo simple imprisonment for a period of six months for commission of offence punishable under Section 61(1) (a) of the Punjab Excise Act (as applicable to State of Himachal Pradesh), in default of payment of fine amount, each convict shall further undergo simple imprisonment for one month.

(2.) Briefly stated facts as emerged from the record are that on 22.5.2005, at about 7:20 pm, police received information at Police Station Rajgarh that one truck bearing registration No. HP-18-3624 was on its way from Naina Tikkar to Giripul carrying huge quantity of liquor illegally. On the basis of aforesaid information, report Ext.PW7/A in daily diary was entered and SI Chain Ram (PW12), the then SHO PS Rajgarh along with HC Arjun Singh (PW4), Bhagat Singh Thakur (PW6) the then SDPO, Rajgarh, Constable Raj Kumar (PW11) Constable Vidhi Nand, Constable Rajender Kumar proceeded towards Giripul in official vehicle and at Giripul constituted a raiding party, wherein Jagdish Chand (PW9), Prem Singh (PW1), Sunder Singh (PW2), Satish Kumar and forest official Prem Singh were associated and naka was laid. After some time, the aforesaid truck driven by the accused Mehar Singh was stopped for checking at that relevant time. Co-accused, Sanjeev Kumar and Vinod Kumar were also sitting in the truck. Raiding party conducted the search of truck, wherein it found that liquor was being transported in the truck without there being any permit. On asking, accused namely Sanjeev Kumar produced three expired permits i.e. Ext.PW2/A to PW2/C issued by Excise and Taxation Inspector, Sarahan. During the raid, police found 124 crates of country liquor bearing label "Sirmaur No.1", 173 crates of Masaledar Country Liquor, 4 crates of liquor bearing label "Royal Stag" and 10 crates of liquor labeled "Mcdowell". Police opened the said crates and the same were found to be containing 3732 bottles in total and each bottle was containing 750 ml. of liquor. As per prosecution, one bottle from each of the five crates of country liquor bearing label "Sirmaur No.1", one bottle each from five crates of country liquor labeled "masaledar Sarur", one bottle each from five crates of Mcdowell and one bottle each from four crates of Royal Stag were separated and after breaking the seals of the said 19 bottles, a nip of liquor was separated from each of 19 bottles as samples and thereafter, the samples as well as 19 bottles containing residue liquor were sealed with seal impression 'B' and the seal after use was handed over to witness Jagdish Chand (PW9). Police also took specimen of the seal used, separately, which is Ext.PW2/D. The crates of the liquor along with samples, truck and documents were taken into possession vide memo Ext.PW1/A. Rukka Ext.PW7/B was prepared and was sent to Police station through Constable Raj Kumar (PW11) on the basis of which, FIR Ext.PW7/C came to be registered at Police Station, Rajgarh by ASI Chet Ram (PW7). Police also prepared site plan Ext.PW12/A. Police deposited the case property with HC Surjeet Singh (PW10), the then MHC Police Station, Rajgarh along with the samples, who on 7.6.2005 forwarded the samples of the liquor along with sample seal to CTL Kandaghat through HHC Surender. PW3 vide RC No. 26/05, deposited the same in safe condition along with sample seal. The statements of the witnesses were also recorded under Section 161 Cr.PC and police also obtained report of chemical examiner Ext.PW12/B to PW12/G, wherein it was reported that samples were found to be of country liquor and Indian made foreign liquor.

(3.) Police after completion of investigation found the petitioners-accused guilty of having committed offence under Section 61(1) (a) of the Punjab Excise Act, as applicable to State of H.P. (as applicable to State of Himachal Pradesh) and under Sections 420, 120- B of the IPC and accordingly, presented the Challan before the competent court of law.