STATE OF HIMACHAL PRADESH Vs. RANJIT SINGH

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered by the learned Additional Chief Judicial Magistrate, Dehra, District Kangra, wherein he recorded findings of acquittal upon the accused.

(2.) The brief facts of the case are that the on 16.9.2006, at around 6:30 a.m., HC Sukhdev Singh alongwith C. Sanjay Kumar and HHGs Raj Kumar was on Naka duty at Swan Bridge barrier and during checking one scooter Bajaj Chetak bearing No. PB-10 P-4161 came at the spot and scooter was checked and one plastic bag containing 36 bottles of IMFL Josh XXX Rum was recovered from the exclusive and conscious possession of the accused. On inquiry scooterist disclosed his name as Ranjit Singh s/o Pushpdev Singh. The accused was asked to produce the license or permit of liquor in the presence of witnesses Yashpal Singh and Balbir Singh, but accused failed to produce the permit or license. The Investigating Officer had taken out three nips for the purpose of Chemical test and nips and three bottles were packed in a bag and and was also sealed with seal "K" and specimen of seal Ext. PW8/A was taken on a piece of cloth and case property alongwith scooter was taken in possession vide memo Ext. PW8/B in the presence of aforesaid witnesses. During the course of investigation, Investigating Officer also sent ruqua Ext. PW8/C to the Police Station, Dehra, on the basis of which FIR Ext. PW9/A for an offence punishable under Section 61(1)(a) of the Punjab Excise Act was registered against the accused. During the course of investigation, the Investigating Officer also prepared site plan of spot of recovery Ext. PW8/D. Three nips were sent to CTL Kandaghat for chemical examination. Report was received, whereby it was found that samples of IMFL contained alcoholic strength. The statements of witnesses under Section 161 Cr. P.C. were recorded by the Investigating Officer. After completion of investigation, the police found prima facie case against the accused for offence punishable under Section 61(1)(a) of the Punjab Excise Act, as also applicable to the State of H.P. Challan was prepared and filed in the Court.

(3.) A charge stood put to the accused by the learned trial Court for his committing offences punishable under Sections 61(1)(a) of the Punjab Excise Act, as applicable to the State of H.P. to which he pleaded not guilty and claimed trial.