STATE OF H P Vs. SHUKARDEEN

JUDGEMENT

(1.) The instant appeal stands directed, against, the verdict, pronounced on 25.2.2010, by the learned Judicial Magistrate, 1st Class, Nalagarh, District Solan, H.P. in Criminal Case No. 114/3 of 2006, whereby, he acquitted, the accused for his allegedly committing, an offence punishable under Sections 61(i)(a) of the Punjab Excise Act, as applicable, to the State of Himachal Pradesh.

(2.) The facts relevant to decide the instant case are that on 23.1.2005, complainant ASI Dharam Dass along with HC Neelam Kumar No. 193, C-Santosh Singh No. 343 and Constable Pal singh No. 586 was present at Ramshehar Chowk on patrolling duty and traffic checking. At about 3.15 P.M., one Bolero Utility bearing HP-12A-5434 came from the side of Nalagarh which was stopped for checking and the driver of the aforesaid Bolero told his name as Shukardeen, son of Shri Kalu Ram, resident of Mastanpura. The aforesaid vehicle was checked in the presence of witnesses Gurbax and Praveen Kumar and on checking 10 crates, each crate containing 12 bottles of 750 M.L each (120 bottles) and 5 crates and one crate containing 24 bottles (half) of 375 M.L each i.e. 120 bottles half of country liquor Lal Quila were recovered. The accused person could not produce any licence or permit for carrying the same. The police took 5 bottles as samples from 5 crates and three half from three crates out of other 5 crates the samples as well as recovered liquor was sealed with seal impression Tand seal after use was handed over to witness Gurbax. Rukka Ext. PW1/B was sent to P.S. Nalagarh through constable Santosh Kumar which bears endorsement Ext. PW4/A on the basis of which FIR Ext. PW4/B was registered at P.S. Nalagarh. The matter was handed over for investigation to ASI Dharam Dass, who took into possession the vehicle bearing No. HP-12-5434 along with 15 crates containing 120 bottles and 120 bottles half vide memo Ext. PW1/A and also prepared spot map Ext. PW1/C. The sample nips were sent to CTL Kandaghat for analysis and report of Chemical Examiner were obtained. Statements of the witnesses under Sec. 161 Crimial P.C. were recorded as per their version.

(3.) On conclusion of investigations, into the offence, allegedly committed by the accused, a report under Sec. 173 of the Code of Criminal Procedure was prepared, and, filed before the learned trial Court.