STATE OF HIMACHAL PRADESH Vs. LAL SINGH

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Judicial Magistrate 1st Class, Kandaghat, District Solan, H.P. in Criminal Case No. 40/3 of 2007 dated 1.10.2008, vide which learned trial court has acquitted the present respondent for commission of offence punishable under Section 61(1)(14) of the Punjab Excise Act, 1914 as applicable to the State of H.P., and Sections 181 and 196 of the Motor Vehicles Act.

(2.) The case of the prosecution, in brief, was that on 31.3.2007 ASI Rupender Kumar along with other police personnel was on patrolling duty at around 4:30 a.m. when one Maruti car bearing registration No. HP- 51-1723 came from Solan side, which was stopped by the said police party. When the said vehicle was checked, 08 cartons of country liquor Mark Suroor, i.e., 96 bottles in all each measuring 750 ML were recovered. Driver disclosed his name as Lal Singh. He failed to produce any permit or licence and in these circumstances, case was registered under Section 61(1(14) of the Punjab Excise Act as applicable to the State of H.P. Two bottles from each carton were sealed for the purposes of chemical test. The accused was further found driving the car without driving licence and without Insurance and therefore, case was also registered against the accused punishable under Section 181 and 196 of the Motor Vehicles Act.

(3.) After the completion of investigation, challan was filed in the Court and as a prima facie case was found against the accused, accordingly he was charged for commission of offence punishable under Section 61(1) (14) of the Punjab Excise Act, 1914 as applicable to the State of Himachal Pradesh , as also under Sections 181 and 196 of the Motor Vehicles Act, to which he pleaded not guilty and claimed trial.