STATE OF H P Vs. HEM RAJ

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh, against, the impugned judgment, of, 19.10.2009, rendered by the learned Judicial Magistrate, Ist Class, Arki, Tehsil Arki, District Solan, H.P., in criminal case No. 31/3 of 2009, whereby the respondent (for short 'accused') stood acquitted by the learned trial Court, for, an offence punishable under, Sec. 61(1) (a) of Punjab Excise Act (as applicable to State of H.P.).

(2.) Facts in brief are that on 17.9.2008, at about 11.00 p.m. H.C Amrender Singh alongwith C. Surjeet Singh and H.H.G Ramesh Chand were present at Kunihar Bazar, Hatokot in connection with routine patrolling duty. On 18.9.2008 at about 12.30 a.m., at Kunihar Bazar, accused was found to be carrying three carton boxes on his head. Accused was stopped by the police and was asked about his whereabouts, to which he told his name to be Hem Raj. The boxes carried by the accused were checked and on checking it was found that each box was containing 12 bottles each of country made liquor marka "Himachal No.1" of 750 ml each. In total the accused was found in possession of 36 bottles of country made liquor Marka "Himachal No.1". Out of 36 recovered bottles, 3 bottles were separated by the police for chemical analysis and thereafter were sealed with seal impression "A". Rukka was sent to Police Station, Arki, on the basis of which FIR No. 75/008 was registered. Spot map was prepared. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused was charged by the learned trial Court for his committing, an, offence punishable, under, Sec. 61(1) (a) of Punjab Excise Act, to which he pleaded not guilty, and, claimed trial.