AMRIK SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way this revision petition, accused/petitioner has challenged the judgment passed by the Court of learned Sessions Judge, Kangra, in Criminal Appeal No. 31/I/X/2007, dated 08.04.2011, vide which learned Appellate Court, while dismissing the appeal so filed by the present petitioner, upheld the judgment of conviction and sentence imposed upon the present petitioner by the Court of learned Judicial Magistrate 1st Class, Indora, District Kangra, in Criminal Case No. 948-III/99/04, dated 11.09.2007, whereby learned trial Court had convicted the present petitioner for commission of offences punishable under Section 61(1) (iii) of the Punjab Excise Act, as applicable to the State of H.P. and sentenced him to undergo simple imprisonment for a period of three months alongwith fine of Rs. 3,000/- and in default of payment of fine, accused/ petitioner was ordered to further undergo simple imprisonment for a period of one month.

(2.) Case of the prosecution was that on 10.11.1997, at about 4:00 p.m., when police party headed by ASI Om Prakash was on patrolling duty at Bakradwan, they saw accused Amrik carrying a green plastic Can of five litres capacity, who was approaching the metalled road. As soon as accused saw the police party, he turned and tried to flee. On apprehension, he was nabbed by the police party and when the plastic Can being carried by the accused was checked, it was found full of illicit liquor. After removing a nip as sample from the plastic Can, the same was sealed with seal impression 'OP' and the same was seized vide memo Ext. PW1/A. Rukka was sent to police station, on the basis of which, FIR Ext. P-A was registered. The Investigating Officer prepared the site plan. During the course of investigation, sample of the illicit liquor so recovered from the accused was sent to CTL Kandaghat and report whereof Ext. P-X was obtained which proved that sample was containing 40.4% proof alcoholic strength. Statements of witnesses under Section 161 of The Code of Criminal Procedure (for short 'Cr.P.C) were also recorded during the course of investigation.

(3.) After completion of investigation, challan was filed in the Court and as a prima facie case was found against the accused, he was accordingly charged for commission of offence punishable under Section 61(1) (iii) of the Punjab Excise Act, as applicable to the State of H.P., to which he pleaded not guilty and claimed trial.