STATE OF H P Vs. RACHHPAL SINGH

JUDGEMENT

(1.) The instant appeal stands directed, against, the judgment rendered, on, 19.06.2009, by the learned Addl. Chief Judicial Magistrate, Dehra, District Kangra, H.P. in Criminal Case No. 17-i/2006/21-III/2006, whereby, he acquitted, the accused for his allegedly committing, an offence punishable under Sections 61(i) (a) of the Punjab Excise Act as applicable to the State of H.P (hereinafter referred to as the Act.

(2.) The facts relevant to decide the instant case are that on 25.7.2005, ASI Tarsem Lal along with other police personnel was present on patrolling and Naka duty near Jaur Bar and at around 6.45 p.m., accused came on the spot along with one jute bag on his head, who, on seeing the police party, after leaving the bag on the spot fled away towards jungle. The gunny bag was checked and two card boxes i.e. on containing 12 plastic bottles of country liquor "Lal Quila" and another containing 12 bottles of IMFL "Bag Piper" were recovered. Consequently, six nips i.e. three from each card box were separated for the purpose of chemical test and the nips and lose bottles were sealed with seal "T" and seal after use was entrusted to witness Pardeep Raj Singh. On inquiry, it was revealed that the person fled away from the spot was Rachhpal Singh alis Pali son of Shri Hans Raj, resident of Upper Balwal. The case property was taken in possession vide memo Ex.PW1/A in presence of witnesses. A rukka Ex.PW5/B was sent to police station Dehra through HHC Rukam Deen, on the basis of which, FIR Ex.PW2/A was registered against the accused. Thereafter the police completed all the codel formalities.

(3.) On conclusion of investigations, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared, and, filed before the learned trial Court.