STATE OF HIMACHAL PRADESH Vs. SUBHASH

JUDGEMENT

(1.) This is an appeal filed by the State of Himachal Pradesh against the Court of learned Judicial Magistrate, Ist Class (1) Dharamshala dated 25.4.2001 vide which the respondent was acquitted of the charge framed against him under Section 61(1)(a) of the Punjab Excise Act, as applicable to the State of Himachal Pradesh.

(2.) Briefly stated, the facts of the case are that on 22.4.2000 around 3.45 PM when HC Kaur Chand alongwith other police officials was on patrolling, they received a secret information that the respondent indulges in selling country liquor after purchasing the same from liquor vend. A Naka was laid after associating Up Pradhan Joginder Singh and Brij Lal Ward Panch and after some time the van was apprehended and 15 boxes each containing 12 pouches of illicit liquor were recovered from the possession of the Van being driven by the respondent.

(3.) On this report, a case was registered and after investigation, the challan was filed before the learned trial Court, who tried the respondent resulting in his acquittal.