STATE OF H.P. Vs. SULTAN MOHAMAD

JUDGEMENT

(1.) Respondent was prosecuted in the court below for having allegedly committed offences under Sections 3791. P.C. and section 4 and 14 of H.P. Resin and Resin Products (Regulation of Trade) Act, 1981 (hereinafter referred to as the Act of 1981), for having allegedly committed the theft of 116 tins of resin carrying those un -authorised.

(2.) Prosecution case in brief against there respondent was that on 10.6.1988 at about 5 A.M. a raiding party which was headed by Makhan Singh, A.C.F. (PW -1) found truck bearing registration No.HPK -5117 parked in Gharni Khad near village Kathiari (Baduhi). On checking it was found that some fresh resin was struck in the body of this truck when it was transported in the truck which had been used for the theft and illicit carriage of the resin. On further search it was found that 116 tins of resin were found lying near the house of respondent. Respondent was the driver of the vehicle at the relevant point of time which fact is even admitted by owner of the truck, namely PW -8 Som Nath, though he was declared hostile as he did not support the prosecution case, It is farther revealed from the prosecution case that the respondent could not be apprehended at the spot as he had fled away along with the laborers.

(3.) Out of 116 tins of resin which were recovered as aforesaid, 52 were bearing mark No.9/88 (Pvt), 4 had No. H.P.F.C. mark, whereas rest was without any identification mark. P.W.3 B.S. Pathania, Deputy Ranger who was also one of the members of the raiding party sent an application Ex.PW3/A to S.H.O., Amb, after receipt whereof investigation was undertaken by the latter. Since it was revealed during the course of investigation that the offence had been committed within the jurisdiction of Police Station, Bangana as such on 30.8.1988, S.H.O., Police Station, Amb sent an replication Ex.PW3(B) along with relevant papers to S.H.O., Police Station, Bangana where FIR. No. 45/88 came to be registered. On completion of the investigation, challan was filed in court by the police and respondent pleaded not guilty to the charge that was framed against him. After conclusion of the trial, respondent has been acquitted, hence this appeal at the instance of the state.