STATE OF J&AMP Vs. SHAM SINGH

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 417 Cr.P.C against the judgment dated 14.07.2007 passed by the learned Sub-Judge, Reasi by virtue of which the accused Sham Singh was acquitted.

(2.) In the memo of appeal is it stated that an FIR No.27 of 2007 was registered at Police Station, Reasi for offence under Sec. 48 Excise Act. On investigation, 24 bottles of liquor were seized from the possession of the respondent at Bus Stand Ransoo. The possession was found unlawful and illegal. After completing the investigation, the challan was presented in the Court of Sub Judge, Reasi. The prosecution produced eight witnesses. The court has acquitted the respondent vide judgment dated 14.07.2007. It is further stated that the judgment of acquittal is primarily based upon the technical ground as to the competency of the Investigating Police Officer. The Court failed to take notice of the Government Order No.52-E of 1959 dated 27.11.1959 whereby a police officers in charge of Police Stations or attached to them, not below the rank of Sub Inspector, are vested with powers exercisable by an Excise Inspector under Excise Act of Samvat, 1958. The trial court further committed illegality by not appreciating the prosecution evidence pertaining to the seizure and recovery of the liquor from unauthorized possession of the respondent. It is, therefore, prayed that the appeal may be allowed and the order impugned may be set aside.

(3.) I have considered the submissions of Mr. Raman Sharma, learned Dy AG and have also gone through the order of court below and perused the record.