STATE OF H.P. Vs. SURINDER KUMAR

JUDGEMENT

(1.) This appeal has been preferred by the State against judgment dtd. 11/1/2008 passed by learned Additional Sessions Judge, Solan, in Cr. Appeal No. 3-NL/10 of 2007, titled Surinder Kumar vs. State of H.R whereby judgment of conviction and sentence passed by the trial Court against the respondent, in case FIR No. 202 of 2000 dtd. 29/12/2000 registered in P.S. Barotiwala under Sec. 61 (l)(a) of Punjab Excise Act, as applicable to the State of H.R has been reversed and the respondent has been acquitted.

(2.) The Investigation Agency was set in motion on the basis of statement (Ext.P-1) of PW1 S.K. Pundir, Excise and Taxation Officer, on the basis of which FIR was registered. As per prosecution case, on checking by the officials of Excise and Taxation Department with the help of police, total 2875 bottles of English liquor with label of "Society Whisky" were recovered from liquor vend M/s Saini and Company, wherein present respondent is alleged to have been working as Salesman.

(3.) Besides present respondent, four other persons, who were partners of M/s Saini and Company, were also made the accused in the criminal case under Sec. 61(l)(a) of Punjab Excise Act and Ss. 420 and 120-B IPC and subjected to trial.