STATE OF HIMACHAL PRADESH Vs. BALJIT SINGH

JUDGEMENT

(1.) The instant appeal is directed against the judgment of the learned Additional Sessions Judge (Fast Track Court), Una, District Una, H.P. who while reversing the findings of conviction pronounced upon the accused by the learned Addl. Chief Judicial Magistrate, Court No.1, Una, proceeded to acquit the accused.

(2.) The brief facts of the case are that the on 15.08.2001 at about 3.00 a.m a police party headed by ASI Akshay Kumar was present in Naka duty and on routine checking near Shamshan Ghar, Una an Indica Car white in colour being driven by accused Baljeet Singh who was accompanied by his co-accused Firoj Singh came from the side of Jhalera. It was stopped for checking. On checking 11 bags of country liquor No.1 containing 264 pouches and one gunny bag of country liquor Lal Pari brand having 50 pouches were recovered from the vehicle. The accused persons could not produce any permit or licence to carry the same. Accordingly, a case was registered against the accused. After completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused 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.