STATE OF H.P. Vs. BHARAT RAM

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 28th December, 2000 passed by Chief Judicial Magistrate, Shimla in Criminal Case No. 203/3 of 1999/94 titled as State v. Bharat Ram, acquitting the accused of the charged offence under Section 61(1)(a) of Punjab Excise Act, as applicable to the State of Himachal Pradesh.

(2.) AS per the case of the prosecution on 5th February, 1994 at about 6.45 p.m. Inspector Sh. Jai Pal Singh (PW -7), ASI Sh. Jagdish Chand (PW -6), Constable Gopal Dass and Constable Santosh Singh were on patrolling duty. They received secret information that accused Bharat Ram, shopkeeper at Nalhatti is dealing with unlawful business/sale of liquor in his shop. Considering the information to be genuine, a raiding party was constituted by associating the witnesses, namely Narain Singh (PW -4) and Kulwant Singh (PW -2). The raids was conducted in the shop of the accused in his presence and in all seventeen cartons containing 212 bottles of country liquor (PDM Patiala Brand) were recovered from the shop. The samples were taken out in 13 bottles and sealed with seal 'K'. The recovered bottles were pu in a gunny bags and also sealed. The bottles were seized vide seizure memo (Ext. PW 2/A). Rukka (Ext.PW -7/B) was prepared on the basis of which F.I.R. No. 30/94 dated 5th February, 1994 (Ext.PW -4/A) was registered with Police Station, Boileauganj under Section 61(1)(a) of the Punjab Excise Act. The sealed samples were sent for chemical examination and according to the report the sample contained alcohol.

(3.) IN order to prove its case, the prosecution examined seven witnesses and the statement of the accused under Section 313 Cr.P.C. was also recorded. No evidence in defence was led.