STATE OF HIMACHAL PRADESH Vs. RAJESH KUMAR

JUDGEMENT

(1.) The present criminal appeal, under Sec. 378 of the Code of Criminal Procedure has been maintained by the appellant-State, against the judgment of acquittal, dated 07.04.2008, passed by the learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P., in Criminal Case No. 167-III/2005.

(2.) The key facts, giving rise to the present appeal as per the prosecution story are that on 01.06.2005, SI/SHO Prem Chand along with HHC Pushap Arun, HHC Jarnail Singh and Constable Gurmeet Singh was on naka at Tatahan, at about 130 am, a vehicle, bearing registration No. HP-19A- 5373 came from Bankhandi side and when the vehicle was stopped and checked, five cardboard boxes, containing 60 bottles of country made liquor, Lal Quila (each containing 750 Mls) were recovered from the vehicle driven by Rajesh Kumar, without any license and permit, out of which, thee bottles were separated for chemical examination and sealed with seal "P". The other cardboard boxes, containing liquor, were also sealed with Seal "P" and taken into possession along with vehicle and its documents, vide memo, Ex. PW-5/A. Ruka, Ex. PW-2/A, was sent to the Police Station through HHC Jarnail Singh, on the basis of which, FIR, Ex. PW-2/B, under Sec. 61 (1) (a) of the Punjab Excise Act, as applicable to the State of H.P. was registered against the accused. During the course of investigation, Investigating Officer prepared the spot map of recovery Ex. PW-7/B and three bottles were sent to Laboratory at Kandaghat, for chemical examination and when report was received, it was found that samples of country made liquor contained alcoholic strength. The statements of the witnesses were recorded under Sec. 161 Crimial P.C. and after completion of investigation challan was presented.

(3.) Prosecution, in order to prove its case, examined as many as 7 witnesses. Statement of accused was recorded under Sec. 313 Cr.P.C, wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned trial Court, vide impugned judgment dated 07.04.2008, acquitted the accused for the commission of offence punishable under Sec. 61 (1) (a) of the Punjab Excise Act, as applicable to the State of H.P., hence the present appeal.