STATE OF HIMACHAL PRADESH Vs. BALDEV SINGH

JUDGEMENT

(1.) Challenging the order of acquittal of the accused for possessing 60 bottles of liquor without any licence, the State has come before this Court, by filing the present appeal under Section 378 of the Code of Criminal Procedure.

(2.) Inspector/SHO, Rajesh Kumar, sent a written information (Ex.PW 6/A) to MHC, Police Station, Hamirpur, on 12.1.2006, at about 12:15 p.m. (day time), stating therein that he has received reliable Whether reporters of Local Papers may be allowed to see the judgment? information that the accused is involved in illicit selling of liquor. He further stated that the information received discloses that in his residential house, Baldev has concealed a huge quantity of country made liquor as well as foreign made foreign liquor without permit. The informer had further told the SHO that if a raid is conducted immediately, then a huge quantity of liquor can be recovered. The SHO directed the MHC to register an FIR under Section 61 of Punjab Excise Act, 1914 as applicable to the State of H.P. (hereinafter referred to as 'the Act') and further stated that he has proceeded towards the residential house of Baldev Singh for search and seizure.

(3.) On the receipt of this information, FIR No.26/06 dated 12.1.2006 under Section 61 of the Act, was registered in the file of Police Station, Hamirpur, District Hamirpur, H.P. Thereafter, SHO associated independent witnesses Shri Madan Lal (PW-1) and Shri Sanjeev Kumar (PW-2) and conducted raid in the alleged house of Baldev Singh. During search, the SHO recovered 60 bottles of liquor, out of which, 8 were foreign made liquor of brand "Black Jack", 26 bottles were country made liquor of brand "UNA No.1" and 26 bottles were country made liuqor of brand "LALKILA". Each bottle had total 750 ml. Liquor in it as per the contents of bottle. The SHO seized the said liquor and sealed the same and prepared seizure memo (Ex.PW3/A). After that, spot map of the place (Ex.PW6/C) was prepared and the case property was deposited with MHC, who kept the same in his safe custody. Subsequently, MHC sent the samples to Chemical Laboratory, Kandaghat through HHC Jagat Ram. As per the report of Laboratory, (Ex.PW6/F), the contents of the bottles, had alcohol in it. After completion of the investigation, SHO, filed a report under Section 173 (2) of the Code of Criminal Procedure, seeking prosecution of the accused for commission of an offence punishable under Section 61 of the Act.