STATE OF HIMACHAL PRADESH Vs. RAJINDER KUMAR

JUDGEMENT

(1.) The present appeal is maintained by the appellant-State of Himachal Pradesh against the judgment of acquittal of the accused in a case under Section 61-1-14 of the Punjab Excise Act (as applicable to the State of Himachal Pradesh), passed by the learned Judicial Magistrate 1st Class, Kandaghat, District Solan, dated 1.12.2007, in Criminal Case No.44/3 of 2005.

(2.) Briefly stating the facts giving rise to the present appeal are that on 26.9.2005, SI/SHO alongwith other Police officials was on patrolling duty and was going towards Sadhupul from Kandaghat at about 11:20 pm, one person came from the side of Sartaj tea Stall, namely, Rajinder Kumar, who is owner of the above tea stall, carrying one carton/box on his right shoulder. After seeing the police party, he threw carton on side of the road and ran towards Sadhupul. No local witness was available as it was night time and in opening the carton/box before the police officials and 12 bottles of country made liquor Marked Patiala Orange 750 ml. each were recovered from which three bottles were separated for chemical test and sealed with seal impression 'T'. Remaining 09 bottles were also taken into possession by the police and memo was prepared. Seal sample was procured on separate cloth and was handed over to witness Jeet Ram. Chemical test report from CTL was obtained and challan was presented after the completion of investigation.

(3.) Charge was framed against the accused, to which he pleaded not guilty and claimed trial.