STATE OF HIMACHAL PRADESH Vs. BIMLA DEVI

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 31.03.2009, passed in Criminal Appeal No. 45-S/10 of 08/07, titled as Bimla Devi v. State of Himachal Pradesh , by learned Sessions Judge, (Forest) Shimla, (HP), whereby conviction and sentence imposed upon respondent by Judicial Magistrate 1st Class, Theog, vide judgment dated 19.03.2007, passed in Case No. 23-3 of 2006, titled as State of H.P. v. Bimla Devi , in case FIR No. 146/2005, dated 21.10.2005, registered in Police Station Theog, under Section 61(1)(a) of Punjab Excise Act, as applicable to State of Himachal Pradesh, (hereinafter to be referred to as 'the Excise Act') has been reversed.

(2.) Prosecution case, in brief, is that on 21.10.2005, at about 4.45 p.m., on receiving a telephonic information in Police Post Fagu from an unknown person that a lady is coming from Theog side in a car bearing registration No. HP-09A-1348, loaded with boxes of wine, PW-4 Head Constable Subhash Kumar constituted a raiding party by associating PW-1 Rajinder Singh, PW-2 Lady Constable Meena Devi, PW-3 Prabha Devi and Constable Kamal Dev (not examined) and reached at Fagu Mour (curve). At about 5.00 p.m., respondent came in car from Theog side. On stopping and checking the vehicle, nine boxes of wine, each containing 12 bottles of 'Lal Kila' country liquor, were found on the rear seat of the car. Respondent could not produce any licence or permit for transporting the said liquor, therefore, the same was seized after taking five bottles as sample, one from each box. All sample bottles were also sealed in the presence of witnesses. Case property was taken in possession vide Memo Ext. PW-1/A. Rukka Ext. PW-4/A was prepared and sent to Police Station Theog, resulting into registration of FIR Ext. PW-4/B. During investigation, statements of witnesses were recorded. Site Plan-Ext. PW-4/C was prepared. The recovered liquor alongwith sample was deposited in Malkhana of the Police Station through PW-5 MHC Man Dev. The sample bottles were sent for chemical examination to CTL Kandaghat through PW-6 Lady Constable Rachna. On receiving the report Ext. PW/4/E from CTL Kandaghat, challan was prepared and presented in the Court.

(3.) On conclusion of trial, Trial Court had convicted accused/respondent and sentenced her to undergo simple imprisonment for three months and to pay a fine of Rs. 2,000/- and in default of payment of fine, to further undergo simple imprisonment for one month.