STATE OF HIMACHAL PRADESH Vs. JOBAN DASS

JUDGEMENT

(1.) The present appeal, under Section 378 of the Code of Criminal Procedure, has been maintained by the appellant-State of Himachal Pradesh, assailing the judgment of acquittal, dated 01.01.2009, passed by learned Sub Divisional Judicial Magistrate, Rampur Bushahr, District Shimla, H.P. in Criminal Case No. 94-3 of 2006, under Section 61-1-14 of Punjab Excise Act (hereinafter to be called as "the Act"), as applicable to State of Himachal Pradesh.

(2.) Briefly the facts giving rise to the present appeal as per the prosecution story are that on 18.03.2006, at about 7:15 p.m., when HC Kewal Singh, HHC Sunder Singh, No. 304 and Constable Shiv Ram were present at place Labana Sadana in execution of their routine patrolling duty, they found a person carrying a plastic can in his right hand. The person on seeing the police party got perplexed and on suspicion he was arrested. During his personal search, he was found in conscious and exclusive possession of one plastic can, containing three bottles of illicit liquor. After separating one nip as sample, both the nips as well as sample were sealed with seal 'A' and taken into possession. FIR was registered against the accused at Police Station Jhakri. Site plan was prepared and statements of witnesses were recorded. On receipt of chemical examiner report, final police report was prepared and presented before the learned trial Court.

(3.) Prosecution, in order to prove its case, examined as many as six witnesses. Statement of the accused was recorded under Section 313 Cr. P.C, wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned trial Court, vide impugned judgment dated 01.01.2009, acquitted the accused for the commission of offence, punishable under Section 61-1- 14 of the Act, hence the present appeal.