STATE OF H P Vs. RAM LAL

JUDGEMENT

(1.) Instant criminal appeal filed under Section 378 (3) of the Cr.PC, is directed against the judgment of acquittal dated 30.7.2008, passed by the learned Chief Judicial Magistrate, Solan, District Solan, H.P., in criminal case No. 206/3 of 2004, whereby the respondent-accused has been acquitted of the charge framed against him under Section 61(1) (a) of the Punjab Excise Act (in short "the Act")(as applicable to the State of Himachal Pradesh).

(2.) Briefly stated facts as emerge from the record are that on 31.3.2004, at around 10:45 p.m., ASI Rattan Chand along with Constable Jaswant Singh (PW4), received secrete information that some person was coming from Deonghat carrying box. Accordingly, PW3 Het Ram and PW5 Puran Singh, went towards the Deonghat on patrolling. After seeing the police party, accused became nervous and tried to run away but was apprehended. As per prosecution, one box was found from the possession of the accused, wherein nine pouches of country liquor mark "Hero No.1" each containing 750 ml each were found without having any permit. As per own case of the prosecution, I.O. after the alleged recovery, took three pouches for sample and sealed the case property with seal impression 'A' and the seal was handed over to witness Puran Singh vide memo Ext.PW3/A. I.O. prepared rukka Ext.PW8/A and sent the same to the Police Station, on the basis of which, FIR Ext.PW7/A came to be registered. Police after investigation of case, presented challan in the competent court of law.

(3.) Learned Chief Judicial Magistrate, Solan, District Solan, H.P., on being satisfied that prima-facie case exists against the accused charged him under Section 61(1) (a) of the Act (as applied to the State), to which he pleaded not guilty and claimed trial. Subsequently, the learned trial Court on the basis of material adduced on record acquitted the accused-respondent of the offence supra. In the aforesaid background, present criminal appeal has been filed by the State against the acquittal of the respondent-accused before this Court.