STATE OF H P. Vs. BHEEM SINGH

JUDGEMENT

(1.) THE State has assailed the acquittal of the respondent passed by learned Chief Judicial Magistrate, Chamba in a case tried against him under Section 61 (1) (a) of the Punjab Excise Act, 1914 as applicable to Himachal Pradesh for having allegedly found in possession of ten cartons of country liquor Una No.1 which were being transported by the respondent in Jeep No. HP-44-0444.

(2.) IN brief, the prosecution case is that on 18.11.1993 Hans Raj (PW6), Investigating Officer, was on petrol duty along with police party. On the way near village Jasouh, the jeep aforesaid being driven by the respondent came there which was stopped and on checking found the above quantity of country liquor. The respondent had shown the permit Exhibit PW6/A but its validity had expired on 28.10.1993, whereas, the incident had taken place on 18.11.1993. Thus, he associated two independent witnesses Amro (PW1) and Mohammad Salim (PW6) and took one bottle from each of the cartons and then took one pint from each of the bottles as a sample and sealed the remaining cartons of bottles and ten pints of samples with seal impression 'H'. Ruka was sent through Constable Parkash Chand on the basis of which FIR was formally registered. Samples were sent for analysis by MHC Chattar Singh on 22.11.1993 through Constable Balbir Singh for analysis to CTL Kandaghat. On receipt of report Exhibit-PA, the challan was presented in the Court for trial against the respondent.

(3.) THE prosecution examined six witnesses to prove its case. The respondent was also examined under Section 313 of the Code of Criminal Procedure. His case was denial simplicitor. However, no defense evidence was led.