STATE OF HIMACHAL PRADESH Vs. SURINDER KUMAR

JUDGEMENT

(1.) The present appeal has been directed by the State against the judgment dated 29.3.1995 passed by the learned Judicial Magistrate 1st Class, Court No. 2, Amb, whereby the accused -respondent (hereinafter referred to as the accused") has been acquitted of the charge under Section 61 (l)(a) of the Punjab Excise Act as applicable to Himachal Pradesh.

(2.) Briefly stated, the case of the prosecution is that on 16.3.1992 at about 1 p.m., PW -7 ASI Joginder Singh (head constable at the relevant time) was present at Bus Stand, Neharian alongwith HC Sukhdev Singh, LHC Daljit Singh and LHC Charan Singh. The police party saw the accused going towards Patehar with a bag in his hand who, on seeing the police party tried to bolt away. Getting suspicious, the police apprehended the accused and on his search, a bag in his possession was found containing six liquor bottles with the mark Trilok Sons Officers XXX Rum. After breaking open the seals of three bottles containing liquor, three nips were filled in with the liquor for the purpose of sample and the remaining liquor and the sample were thereafter sealed with seal A. After use, the seal was handed over to PW -Uttam Chand. Ruqua Ex. PW -5/A was prepared by PW -Joginder Singh and was sent to Police Station, Amb where FIR Ex. PW -5/B came into being on the basis of the said ruqua. Three sample nips were sent to the Chemical Examiner, Kandaghat who, on analysis thereof, found that the samples of IMFL Lab. No. 186/4, Lab. No. 186/5 and Lab. No. 186/6 contained 74.0% proof, 74.4% proof and 74.7% proof alocoholic strength respectively. Thus, on being satisfied that the accused was in possession of six bottles of XXX Rum without a permit for possession/transportation thereof, the police submitted a charge sheet against the accused.

(3.) The accused was tried by the learned Judicial Magistrate 1st Class, Court No. 2, Amb and was found not guilty of the Commission of the offence charged and was accordingly acquitted.