STATE OF HIMACHAL PRADESH Vs. KULDEEP CHAND

JUDGEMENT

(1.) This appeal is filed against an order of acquittal recorded by the Judicial Magistrate 1st Class, Court No.2, Panota Sahib, District Sirmaur on February 7, 1995 in Criminal case No.10/3 of 1994.

(2.) The case of the prosecution was that on February 21,1993, PW -6 ASI Deep Ram along with police party was on patrol duty and was present on the bank of river Bata. There he received secret information that one Kuldeep Chand (respondent herein), was dealing in illicit liquor and was keeping and transporting it from village Bias to village Majra. He was also informed that if raid would be carried out immediately, the accused could be apprehended while carrying the said illegal activity. On receipt of the said secret information, ASI Deep Ram, in the company of S/Shri Pritam singh and Jamna Dass, constituted naka party. After some time, they saw accused Kuldeep Chand, who was carrying a bag on his head and was coming from Bias side. The accused was challenged by the naka party and was stopped. Inspection was carried out and it was found that he was having a tube containing 50 bottles of illicit liquor. Out of that, one nip was drawn as sample. The tube was tied form one end and put in a gunny bag. Nip as well as gunny bag both were then sealed with seal T and were taken in possession after preparation of memo Ex.PW -67A. Specimen impression of seal used was kept separately and after the use, it was handed over to Pritam Singh. Rukka was then sent to S.H.O., Police Station, Paonta Sahib with an endorsement.

(3.) F.I.R. No. 56/93 Ex.PW -5/A was then registered. After usual investigation, final report was prepared under Section 173 of the Code of Criminal Procedure, 1973 and forwarded to a competent Court. The accused was summoned and he was charged for committing an offence punishable under clause (a) of sub Section (1) of Section 61 of the Punjab Excise Act as extended to the State of Himachal Pradesh. The accused did not plead guilty and claimed to be tried.