STATE OF H.P. Vs. JANAK

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated October 31, 1994 passed by die learned Judicial Magistrate, l -Class (II), Nurpur whereby the respondent/accused (hereafter referred to as the accused)) has been acquitted of the charge under Section 61(l)(a) of the Punjab Excise Act, 1914 as applicable to the State of H.P., the State has preferred the present appeal.

(2.) The case of the prosecution, in brief, is that on March 1, 1988 at about 4.50 p.m. PW -1 Surinder Singh alongwith other police officials was on patrol duty at Chaki -Khad when they found the accused coming carrying a plastic Cany in his hand. He was chased by the police party and was apprehended. On search, the Cany which the accused was carrying, was found containing five litres of illicit liquor, which was taken in possession vide memo. Ext. PA. Rooka Ext. PB was set for registration of the case against the accused whereupon F.I.R. Ext, PC came into being in Police Station, Indora. The sample of the liquor separated at the time of its seizure, was sent to the Chemical Examiner who vide his report Ext. PX opined that the sample was of liquor of illicit origim. On being satisfied of the commission of an offence punishable under Section 6I(l)(a) of the Punjab Excise Act (hereafter referred to as the Act), the Officer -in -Charge of the Police Station, Indora submitted the charge -sheet against the accused who came to be tried by the learned Judicial Magistrate, I -Class (II), Nurpur on a charge under Section 61(1)(a) of the Act,

(3.) To prove the charge against the accused, the prosecution examined PW -1 Surinder Singh, Investigating Officer, and PW -2 Laxmi Singh.