STATE OF H.P. Vs. NANDI DEVI

JUDGEMENT

(1.) PRESENT appeal arises out of judgment dated 12.6.2000 passed by the Judicial Magistrate Ist Class, Court No.2, Mandi, H.P. in case No. 260-I/99/98, titled as State of H.P. vs. Nandi Devi, whereby the accused has been acquitted of the charged offence.

(2.) AS per the case of the prosecution, on 6.8.1997 at about 7.30 A.M. SHO, Police Station-Gohar, Karnail Singh (PW-5) alongwith LHC Durga Dutt, LHC Mahant Ram(PW-2), LHC Om Chand, and LHC Sant Ram were on patrol duty and on their way to village Latheri from village Kafur, they spotted one man and two women going towards village Latheri carrying Pitchers and "Dubba" (tin container) in their hand. On suspicion, they were apprehended and on checking it was 1 Whether reporters of Local Papers may be allowed to see the judgment? found that all of them were carrying "Lahan" (illicit liquor). The accused Smt. Nandi Devi was carrying a "Dubba" containing 13 liters of "Lahan". The patrolling party put the contraband in a bottle and took it into possession vide Ext.PW-2/A. The spot map (Ext.PW-5/A) was prepared and the Rukka (first information) Ext.PW3/B was sent on the basis of which F.I.R. (Ext.P-1) dated 6.8.1997 was registered under Section 61(1)(a) of Pubjab Excise Act with police Station Gohar. The contraband was sent for analysis and the chemical report Ext.P-A was obtained. With the completion of the investigation the challan was presented in the Court for trial. Though there is nothing on record to suggest but the ld. Additional Advocate General has stated at the bar that a separate case was filed against the other persons.

(3.) THE Court below, after examining the material on record came to the conclusion that the prosecution had failed to prove its case beyond reasonable doubt. The spot witnesses had contradicted themselves and their statements did not inspire confidence and no independent witness was associated during investigation and examined during trial.