STATE OF H P Vs. ANISH MOHAMMAD

JUDGEMENT

(1.) Since in both the aforesaid criminal appeals, challenge has been laid to common judgment dated 06.1.2009, passed by the learned Sessions Judge, Hamirpur, HP, in Criminal Appeal Nos. 73 of 2008 and 84 of 2008, as such, they are being taken up together and disposed of by a common judgment.

(2.) Instant criminal appeals filed under Section 378 of the Cr.PC, are directed against the judgment of acquittal dated 06.1.2009, passed by the learned Sessions Judge, Hamirpur, H.P. in Appeal Nos. 73 of 2008 and 84 of 2008, reversing the judgment of conviction dated 20.9.2008, passed by learned Judicial Magistrate, Ist Class, Barsar, District Hamirpur, HP, in Excise Case No. 19-III-2006, whereby the respondents-accused were sentenced to undergo rigorous imprisonment for a period of one year each and fine of Rs. 5000/- each, for having committed offence punishable under Section 61(1) (a) of the Punjab Excise Act, as applicable to the State of Himachal Pradesh (in short "the Act").

(3.) In nutshell, case of the prosecution as emerge from the record is that on 28.2.2006, at around 1:20 am, when ASI Parkash Chand alongwith Constable Dhanbir Singh and HHG Kuldip Singh, were on Naka at place called Dandroo, one Mahindra Pick-up Jeep bearing No. HP-23B-4034 came from Padhar side towards Dandroo in a high speed. As per prosecution story, aforesaid vehicle was intercepted and on its search, accused namely Anish Mohammad was found driving the said Jeep, whereas another accused namely Inder Singh was sitting with him. On search, police party recovered 24 cartons of English Liquor 'XXX Rum Black Jack' brand, each carton containing 12 bottles, whereas 45 cartons of country liquor 'Lal Kila' brand contained 12 bottles each (total 69 cartons). As per the story of prosecution, since accused failed to produce any valid permit/licence for carrying /transportation of the aforesaid liquor cartons, as mentioned above, same were taken into custody.