STATE OF H.P. Vs. RUMAIL SINGH

JUDGEMENT

(1.) THE present appeal arises out of judgement dated 5.5.1999 passed by the Chief Judicial Magistrate, Sirmaur District at Nahan (H.P) in criminal case No. 78/3 of 1996, titled as State of H.P. vs. Rumail Singh, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, SHO, Inspector- Prem Chand, Police Station Sadar, Nahan during the course of the investigation on 6.11.1995 received a secret information that 1 Whether reporters of Local Papers may be allowed to see the judgment? one truck bearing No. HIN 502 was carrying illicit liquor. Based on the said information, he formed a raiding party consisting of H.C.Kalyan Singh PW-1, constable Krishan Chand, constable Mohinder Singh and constable Ranjit Singh and set up a Nakabandi at Police Post Kala Amb, District Una, H.P.. The independent witness Yashpal (PW-2) was asked to be part of the raiding party . On the said date at about 5 P.M. truck bearing No. HIN 502 driven by the accused reached the place where the raidig party had set up the 'Nakabandi' and was asked to stop. On checking it was so found that the driver, who on inquiry disclosed his name as Rumail Singh, was carrying two gunny bags containing four cardboard boxes having 12 bottles of country liquor of brand Shimla No.1.One bottle each out of the cardboard boxes was removed and nips as samples were taken from each bottle which were sealed with seal impression 'K'. The bottles and nips were taken into possession vide recovery memo Ext.PW-2/A in the presence of witness Yashpal (PW-2). Rukka Ext.PA was sent to the Police Station Sadar Nahan, H.P., on the basis of which FIR No. 244 of 95 Ext.PB under Section 61(1)(a) of the Punjab Excise Act was registered. Site plan Ext.PC was also prepared and the vehicle was impounded. The sealed samples were sent for chemical examination to the chemical examiner, Kandaghat and vide his report Ext.PF it was so found that the same were containing alcohol. With the completion of the investigation, challan was presented in the Court for trial.

(3.) THE Court below has acquitted the accused for the reason that the prosecution has failed to prove its case beyond reasonable doubt and the statement of the spot witnesses, namely, Yashpal (PW-2) and H.C.Sundan Singh (PW-3) and that of Prem Chand (PW-5) were not only contradictory but also did not inspire confidence.