RAJESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The accused/revisionist herein along with other co-accused Anil Kumar and Inder Singh is alleged to commit an offence punishable under Section 61(1)(a) of the Punjab Excise Act, as applicable to the State of H.P. (hereinafter referred to as the Act). On conclusion of the trial to which they stood subjected to, the learned trial Court recorded findings of conviction against petitioner herein Rajesh Kumar and qua co-accused Anil Kumar for theirs committing an offence under the afore referred penal provisions, whereas it acquitted co-accused Inder Singh. The learned trial Court proceeded to hence sentence them to undergo rigorous imprisonment for one year each for commission of an offence punishable under Section 61(1)(a) of the Act besides sentenced them to pay a fine of Rs.5000/- each. Accused/convicts Anil Kumar and Rajesh Kumar preferred separate appeals before the learned Sessions Judge, Hamirpur against the judgment of conviction and consequent sentence(s) recorded against them by the learned trial Court whereupon, the Appellate Court rendered a judgment in affirmation to the verdict of conviction and sentence pronounced by the learned trial Court against accused/petitioner herein Rajesh Kumar. However, the learned Appellate court allowed the appeal preferred therebefore by accused Anil Kumar whereby it set aside the conviction and sentence imposed upon him by the learned trial Court. Convict Rajesh Kumar, the petitioner herein has been hence led to institute the instant revision petition therefrom before this Court whereby he seeks the setting aside of the findings of conviction and consequent sentence(s) concurrently imposed upon him by both the learned Courts below.

(2.) The facts relevant to decide the instant case are that on 27th February, 2006 at about 10.30 p.m., rapat Ex.PW6/A was entered at Police Station Barsar to the effect that an information has been received at VHF set that vehicle No. 4754 had fled away after road accident from the spot and that Nakabandi should be laid. So, ASI Karam Singh left for the spot alongwith other police officials. While the police party reached near Village Jayoli Devi at about 1.00 a.m., a Tata Sumo No. HP-01B-0217 came from Dandru side in rash speed and it was intercepted. Rajesh Kumar, accused- petitioner herein was driving the vehicle and one person, namely, Anil Kumar ran away from the spot. The vehicle was checked and on checking, 75 cartons of country liquor "Lal Quila" were found in it without any permit or licence. Out of 3 cartons, one bottle from each carton was separated and the bottles were sealed with seal "K" and seal impression were also taken separately and the case property, Ex. P-1 to P-897, was taken in possession vide recovery memo Ex.PW2/A. The documents of the vehicle were also taken into possession vide separate seizure memo. The Investigating Officer Karam Singh, ASI prepared the site plan Ex.PW6/B and Rukka, Ex.PW1/A was sent to the Police Station, on the basis of which FIR was registered against the accused in the police station concerned. Thereafter, the Investigating Officer concerned completed the codel formalities.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.