STATE OF H.P. Vs. SHAM SUNDER

JUDGEMENT

(1.) HEARD and gone through the record. The State has assailed the judgment acquittal passed by learned trial Court in Cri. Case No. 175 -III/2K decided on 31.5.2001 under Section 61(1)(a) of the Punjab Excise Act as applicable to Himachal Pradesh in FIR No. 238 of 1999 dated 1.10.1999 registered with Police Station, Dharamshala, District Kangra.

(2.) IN brief, the facts of the case as alleged are that on 1.10.1999, PW6 S.I. Karam Chand was on a patrolling duty along with other police officials near Sukkad Chowk. Around 8.00 a.m., a Scooter No. CHP -7928 came from the opposite side and on seeing the Police Party along with their vehicle, the immediately turned towards Sukkad road. He was having three carton boxes on his scooter. The Police became suspicious. The scooterist was followed by the Police in their own police vehicle and after covering about half k.m., they found the scooter along with the cartons abandoned on the side of the road, the scooerist had already run away. On checking the cartons, Police found 50 pouches of liquor 200 ml. in one of the cartons and rest of the two cartons contained 12 -8 pouches of liquor of 750 ml. in each. Sampel was picked up from each of the cartons and sealed with seal impression ˜K. Its impression was also taken on a piece of cloth Exhibit PW6/A. The case property was sealed and taken into possession vide memo Exhibit PW4/A. Jatinder and Gopal sood constables were cited as witnesses. Ruka Exhibit PW6/B was sent for registration of the case on the basis of which F.I.R. Exhibit PW5/A was formally registered. The site plan Exhibit PW6/C was prepared. Statements of the witnesses were recorded.

(3.) TO prove its case, the prosecution examined its witnesses. The respondent was also examined under Section 313 of the Code of Criminal Procedure. His case was denial simplicitor. No defense was led.