STATE OF H.P. Vs. PRAMODH KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 18th November, 1999 passed by the Judicial Magistrate, Ist Class (1), Dharamshala in Criminal Case No.83-III/96 titled as State of H.P. Vs. Parmodh Kumar acquitting the accused of the charge offence.

(2.) F .I.R. No.388 of 1995 dated 27th October, 1995 was registered with Police Station, Dharamsala for an offence under Section 61(1)(a) of the Punjab Excise Act as applicable to the State of Himachal Pradesh, inter alia, stating that on 27th October, 1995 at about 4.30 P.M. the police officials were on patrolling duty at a place known as Charan Khud. The accused came on his scooter from direction known as Dari and on checking the scooter it was found that he was carrying eighteen bottles of country made liquor and six bottles of Commando XXX Rum in a bag kept in the scooter. The same was taken into possession vide Ext.PW-2/A and Rukka (Ext.PW-2/B) was prepared on the basis of which F.I.R. was registered against the accused. The report of the Chemical Analyst (Ext.PA) was obtained and the statements of the witnesses during the investigation were recorded.

(3.) THE prosecution in all examined five witnesses, namely, Onkar Singh (PW-1), Devinder Kumar (PW-2), Raj Kumar (PW-3), Head Constable Onkar Singh (PW-4) and S.I.Dile Ram (PW-5). The only statement of PW-2 is relevant and other witnesses are formal in nature. The statement of the accused under Section 313 Cr.P.C. was also recorded in which the accused has pleaded innocence as having been falsely implicated in the case.