STATE OF HIMACHAL PRADESH Vs. MEEN SINGH

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 3.1.1995 of the learned Judicial Magistrate 1st Class (Court No. 2), Paonta Sahib whereby the respondent/accused (hereinafter referred to as accused7) has been acquitted of the charge under Section 61 (I)(a) of the Punjab Excise Act as applicable to Himachal Pradesh.

(2.) Briefly stated, the facts of the prosecution case are that a police patrolling party consisting of HC Kalyan Singh, Constable Balak Ram and constable Ganesh Kumar was going towards Jungle Khara on 25.11.1993 at about 5.30 a.m., when they saw the accused coming towards them through a Khala while he was carrying something on his head. On seeing the police party, the accused started running back, whereupon he was apprehended by the Police. On inquiry, he divulged his name and on search, a tube containing 18 bottles of illicit liquor was found in his possession which was taken into possession by PW -3 HC Kalyan Singh. After separating a sample of the recovered liquor, the sample and the container of the remaining illicit liquor were sealed with seal A and the seal was handed over to PW -2 Constable Balak Ram. Ruqua Ex. PW -3/A was drawn by the Investigating Officer and was sent to Police Station, Paonta for registration of the case through PW -2 Constable Balak Ram. On the basis of the ruqua, FIR Ex. PW -l/B came into being at the Police Station. 2. The sample nip was got chemically examined and as per the report of the Chemical Examiner Ex. PW -l/A, the sample was found that of illicit liquor containing 34.5% proof alcoholic strength.

(3.) On presentation of the charge sheet, the accused was tried by the learned Judicial Magistrate 1st Class, Court No. 2, Paonta Sahib and vide judgment dated 3.1.1995, the accused was acquitted. Feeling aggrieved, the State has come up in appeal.