STATE OF HIMACHAL PRADESH Vs. SURENDER SINGH

JUDGEMENT

(1.) Instant Cr. Appeal filed under S.378 CrPC lays challenge to impugned judgment of acquittal dated 2.2.2009, passed by learned Judicial Magistrate 1st Class, Court No. 2, Amb, District Una, Himachal Pradesh in Cr. Case No. 57- I/2006/5-III/2007, whereby respondent-accused (hereinafter, 'accused') came to be acquitted of the charges framed against him under S.61(1)(a) of Punjab Excise Act as applicable to the State of Himachal Pradesh (hereinafter, 'Act').

(2.) Facts, as emerge from the record of the case, are that on 30.10.2005, HC Gurchain Singh, LHC Manjeet Singh, Constable Swaran and Constable Satpal, who were present on Kaloh Chowk, at about 7.15 PM for the purpose of patrolling, intercepted vehicle bearing registration No. HP19A-7576 coming from Gagret side and recovered 42 bottles of English wine (Directors Special) measuring 750 ml each. Since the accused failed to produce any permit or licence qua the bottles allegedly recovered from the dickey of the vehicle as mentioned herein above, police, after completion of all codal formalities, registered FIR against the accused for the commission of offence punishable under S.61(1) of the At. After completion of investigation, Police presented Challan in the court of learned Judicial Magistrate 1st Class, Court No.2, Amb, who being satisfied that prima facie case exists against the accused, put notice of accusation to him for having committed offence punishable under S.61(1)(a) of the Act, to which he pleaded not guilty and claimed trial.

(3.) Prosecution, with a view to prove its case examined as many as seven witnesses, whereas, accused in his statement under S.313 CrPC, denied the case of the prosecution in toto and claimed himself to be innocent. Accused also examined one witness in his defence.