STATE OF H P Vs. ROOP LAL

JUDGEMENT

(1.) The instant appeal, stands, directed by the State, against, the pronouncement made by the learned Chief Judicial Magistrate, Hamirpur, District Hamirpur, H.P., upon, Criminal Case No. 143-1-07, whereunder, the accused/respondent herein, hence, stood acquitted, for, a charge framed, under, Section 61(1)(a), of, the Punjab Excise Act, as, applicable to the State of H.P.

(2.) Briefly, stated the facts of the case are that on 6.2.2007, SI Anjani Kumar, ASI Satish Kumar, C. Dinesh Kumar, and, LC Swaran Lata, were present at Swahal, whereat they at about 4.30 p.m., received a secret information that accused had kept liquor in his home without a permit and in case of search; huge quantity of liquor would be recovered. The information was credible and the delay in procuring the search warrant would have led to the destruction of the case property. Witnesses Sohan Lal and Pritam Chand were associated and the search of the house of the accused was conducted in his presence and in the presence of the witnesses during which 8 cardboard boxes were recovered from the house of the accused. These boxes were opened and 7 boxes were found to be containing 12 bottles each of country liquor bearing Mark Una No.1. One box was containing 12 bottles of IMFL bearing Mark Officer's Choice. A permit was demanded for possessing the liquor, however, the accused could not produce any permit. 1 bottle each was taken out from each cardboard box and 1 sample each was taken out of each bottle. Bottles and samples were sealed with seal "SK". Seal impression Ex.PW8/G were taken separately on piece of cloth and seal was handed over to witness Sohan Lal after its use. Bottles Ex. P-1 to P-96 were seized vide seizure memo Ex.PW7/A. Signatures of witnesses Sohan Lal and Pritam Chand were obtained on the seizure memo. The investigations were conducted by PW-8 SI Anjani Kumar, who prep0ared site plan, and, recorded the statements of the witnesses as per their person. The case property was deposited with PW-4 HC Vijay Prakash, who deposited the same in Malkhana and made the entry in the daily diary. Samples were sent by HC Vijay Prakash to CTL, Kandaghat for chemical analysis vide R.C. No. 255/07, through constable C. Sanjeev Kumar, who deposit the same thereat, and, the receipt was handed over to the MHC. The results of Chemical analyst borne in Ex.PW8/E and Ex.PW8/F were issued in which it was opined that the sample of country liquor contained 50% proof alcohol and samples of IMFL contained 75.1 % proof alcohol.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report, under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.