VINOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both the criminal revision and appeal arise out of the common judgment rendered by the learned Sessions Judge (Forest) , Shimla, on 04.05.2009, these were heard together and are being disposed of by a common judgment. The parties shall be referred to as the accused and the State.

(2.) The prosecution story is that on 05.11.2004, SI/SHO Chaman Lal along with ASI Gulam Akbar and few police constables and Head constable Satya Parkash, was on patrol duty. When they reached near 'Menas Curve' at about 9.00 a.m., one Canter truck bearing No. HP-63-0883 followed by a white Maruti Car without any number came there and did not stop when signalled by the police. The vehicles were driven towards Gumma at a high speed and the same were chased by the police officials. The driver of the Maruti Car along with his companion managed to escape, whereas, the driver and conductor of the Canter were apprehended. On enquiry from them, police came to know about the names of all the four accused. Thereafter, the Car and Canter were checked and were found to contain 115 boxes of 'Lal Qila' country liquor each box containing 12 bottles, 28 boxes of Director Special Whisky, 10 boxes of Bag Piper Whisky and 9 boxes of Hayward Beer, each box containing 12 bottles.

(3.) After completion of the trial, the learned trial Court convicted and sentenced the accused to undergo simple imprisonment for six months each with a fine of Rs. 2,000/- each and in default of payment of fine, they were further directed to undergo simple imprisonment for one month each for the commission of the offence punishable under Section 61(1) (a) of the Punjab Excise Act (as applicable to the State of H.P.) .