STATE OF H.P. Vs. CHAMAN SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.2.1996 passed by the learned Sessions Judge, Chamba whereby the conviction of and sentence awarded to the accused -respondent (hereinafter referred to as the accused) by the learned Chief Judicial Magistrate, Chamba under Section 61 (1) of the Punjab Excise Act as applicable to H.P. (hereinafter referred to as the Act) has been set aside.

(2.) Briefly stated, the facts leading to the presentation of this appeal are as follows: -

(3.) A police party headed by PW -5 Ramesh Pathania was present in village Mangla on 13.2.1993 on routine patrol duty. A secret information was received by him that the accused was dealing in sale of illicit liquor in his tea -stall in Mangla bazar and in the event of raid of his business premises, huge quantity of liquor could be recovered. He accordingly prepared ruqua Ex.PW -5/A and forwarded the same for registration of the case whereupon FIR Ex.PW -1/A was recored in Police Station, Sadar, Chamba. He constituted a raiding party at about 5.15 P.M. and conducted the search of the tea -stall of the accused. In such search, a canny containing 10 liters of illicit liquor was recovered and was taken in possesion vide memo Ex.PW -3/A. The sample separated from the recovered liquor was sent for analysis and as per the report Ex. PA of the Asstt. Chemical Examiner, Kandaghat, the sample was found to be illicit liquor containing 46.4% proof alcoholic strength. On being satisfied that the accused has committed an offence punishable under Section 61(l)(a) of the Act, the officer Incharge, Police Station, Sadar, Chamba submitted a charge sheet to the concerned Court.