STATE OF HIMACHAL PRADESH Vs. TARA CHAND

JUDGEMENT

(1.) By way of this appeal, State has challenged the judgment passed by the Court of learned Chief Judicial Magistrate, Shimla, in Cr. Case No. 54/3 of 2005 dated 26.11.2007, vide which learned trial Court acquitted the accused for commission of offence punishable under Sections 61(1)(a) of Punjab Excise Act as applicable to the State of Himachal Pradesh, on the ground that the prosecution had failed to establish the guilt of the accused beyond reasonable doubt.

(2.) The case of the prosecution was that on 07.01.2005 at around 9.15 P.M., Investigating Officer H.C. Jai Singh alongwith Constable Om Chand were present on patrol duty at lower Summer Hill Chowk and accused was seen coming with a bag (boru) in his right hand. As soon as accused saw the police he got frightened and tried to turn back. However, he was over powered with the aid and assistance of vegetable vendor Rajinder Kumar. From the search of the bag being carried out by the accused, 8 bottles of country liquor (Surur brand) weighing 750 ml each were recovered. Accused could not produce any permit or licence enabling him to carry said liquor bottles. Three bottles were separately taken out for the purpose of chemical analysis, seals whereof were broken and a nip was drawn from each of the three bottles. Nips were sealed with seal 'H'. Remaining bottles were placed back in the same bag and were sealed with seal 'H' and possession thereof was taken vide memo Ext. PW2/A. Sample of the seal was taken separately. Thereafter, Rukka Ext. PW2/B was prepared and sent to Police Station on the basis of which FIR Ext.PW2/C was registered. This was followed with the preparation of spot map Ext. PW2/F. Thereafter, statements of witnesses were recorded. Daily diary report was procured.

(3.) After completion of the investigation, challan was filed in the Court and as a prima facie case was found against the accused, he was charged for commission of offence punishable under Sections 61(1)(a) of Punjab Excise Act as applicable to the State of Himachal Pradesh, to which he pleaded not guilty and claimed trial.