JAGIR CHAND SON OF SHRI BABU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) MATTER was taken up at 12 noon.

(2.) ON 4th August, 1995, petitioner (accused) was found to have committed an offence, punishable under Section 61(1)(a) of the Punjab Excise Act, 1914, as applicable to the State of Himachal Pradesh, regarding which FIR No.337/95 dated 4th August, 1995 (Ex. PB), was registered at Police Station, Una, District Una, H.P. Police investigated the matter, which revealed that petitioner was guilty of carrying six bottles of Country Liquor (Simour No.1), without any valid permit. Challan was presented in the Court for trial and petitioner was charged for having committed an offence, punishable under Section 61(1)(a) of the Punjab Excise Act, 1914, as applicable to the State of Himachal Pradesh, to which he pleaded not guilty and claimed trial.

(3.) APPRECIATING the material on record, Court of Judicial Magistrate 1st Class, Court No.II, Una, vide judgment dated 15th October, 2003, in Criminal Case No.239.III/95, titled as State versus Jagir Chand, convicted the petitioner (accused Jagir Chand) and sentenced him to undergo simple imprisonment for six months and pay fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for one month.