STATE OF H P Vs. DINESHWAR SINGH

JUDGEMENT

(1.) The judgment dated 18.7.2006 passed by learned Sessions Judge, Kangra at Dharamshala, in Cr. Appeal No.9-J/X/2006 is under challenged in the present appeal.

(2.) The perusal of the impugned judgment reveals that on reversal of the judgment dated 17.2.2006 passed by learned Additional Chief Judicial Magistrate, Jawali, District Kangra, the respondent, hereinafter referred to as the accused, has been acquitted from the charge under Sec. 61(i)(a) of the Punjab Excise Act, as applicable to the State of H.P., hereinafter referred to as the Act. Consequently, the findings of conviction and sentence him to undergo simple imprisonment for a period of six months and to pay '5,000.00 as fine have been quashed and set aside.

(3.) The prosecution case in a nut shell is that on 12.11.2003, a police party of Police Station, Jawali, headed by ASI Yog Raj, was on patrol duty. The police party was on its way to Harian-Kuthera from from Keharian side. When reached on Talian at about 1.35 p.m. Maruti Car No.HP39A-8466, coming from Kuthera side was spotted there. The car was stopped and checked. On its rear seat, 9 sealed boxes were found to be kept. The said boxes were opened. Each box was containing 12 pouches of country liquor "Patiala Orange" containing 750 ml. each pouch. The accused was driving the car. On inquiry, he disclosed his antecedents. As per further case of the prosecution, it was an isolated place having no abadi. Therefore, no one could be associated as independent witness. Therefore, the police officials, accompanying the I.O., PW-5 ASI Yog Raj were associated and search and seizure, took place in their presence.