STATE OF H.P. Vs. SUNIL KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by the State of Himachal Pradesh against the judgment of acquittal dated 4.8.1999 passed by the learned Additional Chief Judicial Magistrate, Hamirpur, in offence under Section 61(1)(a) of the Punjab Excise Act, 1914, as applicable to the State of Himachal Pradesh.

(2.) BRIEFLY stated the facts of the case are that on 12.7.1995, a police party headed by Inspector Anand Dhiman at Salasi Nala intercepted a maruti van bearing registration No. HP-02-2373 and on search of the van, 192 bottles containing Indian made foreign liquor were recovered without any permit. Samples were taken out of the recovered liquor and on completion of the investigation, challan was filed and the case was tried which resulted in acquittal as detailed above.

(3.) THE main ground taken by the learned Additional Advocate General was that the learned trial Court had wrongly closed the evidence of the prosecution by order of Court and accordingly, the statement of the Investigating Officer who headed the raiding party could not be recorded and resultantly, the case resulted in acquittal, which findings are liable to be set aside. The learned counsel for the respondents has supported the impugned judgment.