STATE OF HIMACHAL PRADESH Vs. MAAN SINGH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with judgment dated 15.10.2008 passed by learned Judicial Magistrate 1st Class, Court No.1, Amb, District Una, Himachal Pradesh in Police Challan No. 13-III-2006, whereby respondent-accused (hereinafter, 'accused') came to be acquitted of the offences punishable under S. 61(1)(a) of Punjab Excise Act (as applicable to the State of Himachal Pradesh) (hereinafter, 'Act'), appellant-State has approached this Court in the instant proceedings, praying therein for conviction of the accused after setting aside judgment of acquittal recorded by learned Court below.

(2.) In nutshell, case of the prosecution, as emerges from the record is that on 3.1.2006, police party, which was on patrolling duty, after having received secret information that the accused deals in illegal sale of liquor in his Flour Mill at Khuwarian, conducted raid. During search, Police allegedly recovered 30 cartons of "Bagpiper" whisky. Police took one bottle each from six cartons and prepared sample nips and sealed them with seal impression, "N". Since accused failed to produce valid permit, if any, to possess liquor in excess of the permissible limit, Police, after completion of codal formalities, registered FIR No. 4, dated 3.1.2006 under S.61(1)(a) of the Act ibid at Police Station Amb, District Una, Himachal Pradesh against the accused.

(3.) Prosecution, with a view to prove its case, examined as many as five witnesses, whereas, accused in his statement recorded under S.313 CrPC, denied the case of the prosecution in toto and claimed himself to be innocent. However, accused did not lead any evidence despite opportunity having been afforded for the purpose.