STATE OF HIMACHAL PRADESH Vs. AMAR SINGH

JUDGEMENT

(1.) The present appeal is maintained by the appellantState of Himachal Pradesh against the judgment of acquittal of accused in a case, under Section 61 (1) (a) of Punjab Excise Act, as applicable to the State of Himachal Pradesh, passed by the learned Judicial Magistrate 1st Class, Barsar, District, Hamirpur (H.P) dated 20.12.2008, in Excise Case No.3-III of 2008.

(2.) Briefly stating facts giving rise to the present appeal are that on 27.7.2007, at about 6:05 p.m, at place Samtana, Inspector/SHO alongwith HC Bidhi Chand No.278, Constable Kewal Singh No.166, was on patrolling duty, in official vehicle bearing registration No.HP-22-4642 alongwith driver Constable Karam Singh No.297, where they have received a secret information that the accused run the business of selling illicit liquor at his house. On this, police prepared rukka and sent the same through Constable Kewal Singh No.166 to Police Station, on the basis of which, FIR was registered. Thereafter, the police formed a raiding party by associating two independent witnesses, namely, Karam Singh and Rajesh Kumar and conducted search of the house and recovered eight cartons of country liquor 'Lal Quila' brand, for which, the accused could not produce any permit/licence. Thereafter, police extracted out three bottles separately out of the recovered liquor and sealed the same having seal impression 'X' and also taken into possession the samples alongwith remaining liquor. Police also obtained separate seal impression of seal 'X', on a piece of cloth. During the course of investigation, statement of the witnesses recorded and site plan was prepared. Thereafter, codal formalities were completed and challan was presented in the Court.

(3.) The prosecution, in order to prove its case, examined as many as five witnesses. Statement of accused was recorded, under Section 313 of the Code of Criminal Procedure, wherein he has denied the prosecution case and claimed innocence. No defence evidence was led by the accused.