STATE OF HIMACHAL PRADESH Vs. RAN SINGH

JUDGEMENT

(1.) This appeal has been preferred by the State against judgment dated 23.03.2007, passed by learned Sessions Judge, Shimla in Criminal Appeal No. 23-S/10 of 2005 titled as Ran Singh Versus State of H.P. whereby conviction and sentence imposed upon respondent vide judgment/order dated 10.05.2005/12.05.2005 passed by learned Additional Chief Judicial Magistrate Court No.1 Shimla in Criminal Case No. 566/3 of 2004 State Vs Ran Singh in case FIR No. 33/2004 dated 16.02.2004, registered in Police Station East Shimla under Section 61-1-14 of Punjab Excise Act as applicable to Himachal Pradesh (here-in-after referred to as the Act) has been set aside.

(2.) I have heard learned Deputy Advocate General for appellant-State and Mr. Dharminder Verma, Advocate, for respondent as also perused entire record.

(3.) Brief facts of the case are that on February 16, 2004, PW-5 Inspector Sunil Negi, alongwith PW-4 HC Shiv Kumar, SI Prem Chand (not examined) and SI Nand Lal (not examined), was patrolling in Kasumpti Market where PW-1 HC Rajinder Singh and Constable Manoj Kumar, posted in Police Post Kasumpti, also met him. At about 6.30 PM, secret information was received by him that respondent Ran Singh was involved in illegal sale of liquor in his Electrical Shop. Being a reliable information, a raiding party was constituted on the spot and 'Ruka' Ex. PW-5/A through Constable Nand Lal was sent to Police Station whereupon, FIR Ex. PW-4/G was registered in Police Station East (Chotta Shimla) Shimla. Two independent witnesses PW-6 Arun Kumar and PW Chaman Lal (not examined) were associated with raiding party and shop of respondent was raided. As per prosecution two cartons having 12 pouches each of Hero No.1 country liquor were recovered from the shop of respondent without having any license or permit to keep it. These pouches were seized and after separating two pouches from each carton and remaining pouches in cartons and sample pouches were sealed with seal "P" and were taken in possession vide Memo Ex. PW-1/A. Seal was handed over to PW-6 Arun Kumar. Recovered contraband was put in a bag Ex. P-1.