STATE OF H P Vs. RAMESH CHAND

JUDGEMENT

(1.) The instant appeal stand directed, against, the verdict rendered by the learned Chief Judicial Magistrate, Kangra at Dharamshal , in criminal case No. 82-III/07, whereunder, he returned findings of acquittal, upon, the accused in respect of charges framed, under, Sec. 61(1)(a) of the Punjab Excise Act.

(2.) Briefly stated the case of the complainant is that on 17.3.2007, I.O. SIMahinder Singh, SHO P.S. Shahpur, along with HC Rakesh Kumar and HHC Harbans Singh was present at Nakka at Chambi Chowk at about 10-:00 p.m. At about 10:30 p.m. one jeep bearing registration No. HP40A-2869 came at the spot from Rait side which was stopped and its documents were checked, which were found in order. The I.O. on lifting the tarpaulin from the back of the jeep, found 125 boxes of country liquor Lal Quila, containing 12 bottles each box and total 1500 bottles, in the jeep being driven the accused No. 2 Ashwani Kumar. Accused No.1 Ramesh Chand was also sitting in the front of the jeep along with the driver. The said 125 boxes of country liquor Lal Quila, were being found transported without any permit. SI Mahinder Singh SHO took out 10 bottles each from 10 boxes as sample nip i.e. Ext. P1 to P10 and thereafter the case property was sealed with seal impression M and case property along with jeep/vehicle was taken into possession vide memo Ext. PW1/A. Ruqua Ext. PW6/A was prepared , on the basis ofl which FIR Ext. PW2/A was registered. Spot map Ext. PW6/B was also prepared. Statements of the witnesses were recorded under Sec. 161 of Cr. P.C. The case property was thereafter deposited with the MHC,P.S.Shahpur, who later on sent the nips to CTL Kandaghat for chemical examination and the report of Chemical Examiner to this effect was procured as Ext. PY.

(3.) On conclusion of investigations, into the offences, allegedly committed by the accused, a report under Sec. 173 of the Code of Criminal Procedure was prepared, and, filed in the Court concerned.