STATE OF H. P. Vs. BALO DEVI

JUDGEMENT

(1.) BY means of the present appeal, the appellant has assailed the impugned judgment dated 28.6.2000 passed by the Judicial Magistrate Ist Class, Court No.2, Mandi, H.P., in Excise Case No. 544-I/99/98, titled as State of H.P. v. Balo Devi, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, on 20.12.1997, at about 5.15 P.M., the police party headed by HC Ramesh Kumar (PW-6) accompanied by LHC Durga Dutt (PW-5), Constable Bihari Lal (PW-3), Constable Prem Singh (PW-1) and LC Shakuntla Devi were on routine Law and Order duty when at 1 Whether reporters of Local Papers may be allowed to see the judgment? place called Basa near Chail Chowk, Distt. Mandi, H.P., they found the accused carrying a Can in her left hand. On seeing the police party, she got frightened and tried to flee from the spot. On suspicion, she was apprehended and searched and it was found that the Can being carried by her was containing 5 ltrs. of illicit liquor. Possession of the same was taken by the police and rukka (Ext.PW-2/B) was sent to the police station, on the basis of which FIR No. 102/1997 dated 20.12.1997 (Ext.PW-2/A) was registered with Police Station, Gohar, H.P. under Section 61(1)(a) of the Punjab Excise Act. The Can containing illicit liquor Ext.P1 was recovered vide seizure memo Ext.PW-3/A. The same was sealed vide sample seal Ext.PW-6/B and the report of the Chemical Examiner Ext.PA was obtained during the course of the investigation.

(3.) THE accused was charged for an offence under Section 61(1)(14) of the Punjab Excise Act (as applicable to the State of Himachal Pradesh) to which she did not plead guilty and claimed trial. In order to prove its case, the prosecution examined 6 witnesses and statement of the accused u/s 313 Cr.PC was also recorded.