STATE OF HIMACHAL PRADESH Vs. RANJIT SINGH

JUDGEMENT

(1.) Challenging the order of acquittal of the accused for possessing 82 bottles of liquor without any licence, the State has come before this Court, by filing the present appeal under Section 378(3) of the Code of Criminal Procedure.

(2.) HC Ashok Kumar (PW-5) alongwth C. Akash Chand (PW-3), was present at Padhiar Khad during patrolling duty, on 24.6.2005 at 2:00 p.m. (day time), then he received an information from a informer that accused Ranjit Singh, who is running a shop of eggs and Pakoras also Whether reporters of Local Papers may be allowed to see the judgment serves liquor to the customers in the shop and also sells liquor. The informer further told HC Ashok Kumar that if his shop and home are . searched, then huge quantity of liquor can be found. On this information, he reached the house of Ranjit Singh and associated two independent witnesses before such search. In the ground floor of the said house, from a cupboard, four cartons of liquor were recovered. On opening one carton, it had 48 bottles of liquor with brand name "Shield" and in another carton country liquor with brand name "Sirmour No.1". They also recovered 12 bottles of country liquor with brand name "Saroor" and 10 bottles of country liquor with brand name "Patiala". After taking one bottle each from all the cartons, as representative sample, the search and seizure memo was prepared and Rukka (Ex.PW5/B), was sent for registration of the FIR. As per the report of the Laboratory, the contents of the bottles contained alcohol and the Laboratory opined the bottles to be of the liquor.

(3.) On the receipt of this information, FIR No.175/05 dated 24.6.2005 under Section 61(i)(a) of the Punjab Excise Act, 1914 as applicable to the State of H.P. (hereinafter referred to as 'the Act'), was registered in the file of Police Station, Palampur, District Kangra, H.P. Police conducted the investigation and prepared the spot map (Ex.PW5/C).