Judgment :

Dr. Arijit Pasayat, J.

Heard learned counsel for the parties.

1.2. Challenge in this appeal is to the judgment of a learned Single Judge of the Himachal Pradesh High Court upholding the conviction of the appellant for offence punishable under Section 61(1)(a) of the Punjab Excise Act, 1914 (hereinafter referred to as the Act).

2.3. The allegation against the accused-appellant was that he was carrying illicit liquor in a container wrapped in a gunny bag. The accused was driving truck bearing No. HPA1975 and the truck was stopped and search was carried out. On checking the container, it was found that it contained five bottles of illicit liquor. On analysis by the Chemical Examiner, the sample which was collected was found to be illicit liquor.

3.4. Learned Chief Judicial Magistrate, Solan, found the appellant guilty of the offence punishable under Section 61(1)(a) of the Act and sentenced him to simple imprisonment for six months and to pay a fine of Rs. 5,000/- with default stipulation.

4.5. The matter was carried in appeal by the appellant before the learned Sessions Judge who dismissed the appeal. The appellant challenged the order of the learned Sessions Judge before t