Decided on January 11,1979



T.U.MEHTA,C.J. - - (1.) The State has preferred this appeal against the order of acquittal recorded by the Court of Judicial Magistrate 1st Class, Kandaghat in criminal cases No. 29/2 of 1970 and 30/2 of 1970. The brief facts which form the background of this appeal are as under.
(2.) On 4 -3 -1969 at about 9.30 a. m. Sub -Inspector of Police Station, Dharampur, one Shri Sant Lal Malik, received some secret information that the respondent Mohinder Singh, who was at that time working as a wine contractor, was occupying some residential accommodation at the place called Sukha -Johri at Dharampur, and was adulterating and bottling liquor with the help of his brother Balwant Singh with a view to sell the same. The Sub -Inspector thereupon arranged a raiding -party with the help of A. S. I. Prem Nath (P. W. 9), some constables and three witnesses who are P. W. 2 Krishan Dev Ratti, P. W. 3 Kuldip Singh and P. W. 4 Gurdutt. The raiding party thereupon went to the place which was reported to be utilized for the purpose of adulteration and bottling of liquor and which was also reported to have been occupied by the respondent Mohinder Singh. It is said that after reaching that place the outer door of the residential premises in question was knocked. Mohinder Singh opened the door but seeing the police party for raid, he is said to have closed the door and gone inside. The Sub -Inspector, Shri Malik, thereupon knocked at the door and after some effort the door was opened again by Mohinder Singh. It is the case of the prosecution that this house was also occupied by the respondent Balwant Singh, who is the brother of Mohinder Singh, The prosecution evidence reveals that Mohinder Singh reported to the raiding party about the presence of his brother Balwant Singh inside the house and that there was another back door through which also the entry to the house could be made. The police party thereafter seems to have sent somebody at the back door. According to one of the witnesses of the prosecution even the back door was got opened but after opening the same Balwant Singh is said to have run away through one of the windows of the house. One of the constables of the raiding party is said to have chased Balwant Singh but the latter managed to escape.
(3.) The raiding party on entering into the house occupied by Mohinder Singh, found plenty of materials suggesting that liquor was being adulterated and botded in other bottles bearing the labels of some known commercial qualities such as Black Knight, Solan No. 1, Blue Seal etc. Certain empty bottles of these reputed qualities of liquor, capsules and labels were found. The details of these are mentioned in the memo of recovery found at Ex. P. B. The list contains 36 different types of articles. Some of the articles were separately sealed and the seal was handed over to the witness Krishan Kumar Ratti. Memo of recovery was signed by all the three witnesses named above as well as the accused Mohinder Singh and the Station house Officer, Police Station, Dharampur, Shri Malik. The arrest of Mohinder Singh was immediately effected. These facts are with reference to criminal case No. 29/2 of 1970.;

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