The main legal point established is that the use of a forged document as genuine with knowledge of its fraudulent nature constitutes an offence under Section 471 of the Indian Penal Code.

Surinder Singh, J.:- The instant revision petition has been directed by the petitioners against the judgment passed by learned Additional Sessions Judge, Una in Criminal Appeal (RBT) No. 42/01 of 1999 decided on 9.5.2002 whereby the judgment of conviction and sentence passed by the learned trial Court convicting and sentencing the petitioners to under-go simple imprisonment for six months and to pay a fine of rupees 2000/- under Section 471 read with Section 34 of the Indian Penal Code and Section 61 (1) (a) of the Punjab Excise Act as applicable to the State of Himachal Pradesh has been affirmed.

2. In brief, the facts giving rise to the present petition are that on 31-5-1992, A.S.I. Kishan Chand of the CIA staff of District Police Una was heading the police party and were present at Police Lines Temple at a place known as Jhalera in District Una for the traffic checking. Around 7.20 P.M, a truck bearing registration number HIU 2366 came there from Una side. It was stopped by the Police Party. Karam Chand was found to be the driver-cum-owner of the truck. Besides him, Satish Kumar and Rakesh Kumar were sitting in the cabin of the said truck. On checking, the truck was found carrying three hundred boxes of country liquor of Una No.1 make. Each box contained twelve bottles of 750 ML liquor. A.S.I. Kishan Chand asked about the permit/pass for authorizing them to transport the said liquor. Petitioner Rakesh Kumar produced Pass Exhibit PW1/A bearing permit number 479 dated 30.5.1992. On the proforma (Form No. L-34) alleged to have been signed by Shri Amin Chand Excise and Taxation Inspector (PW15), which was shown to have been valid up to 31.5.1992. As per the pass, it was being permitted to be taken from L-13 Una to L-14A Daulatpur. Karam Chand aforesaid also produce3d G.R. No. 88-9492 Exhibit PW1/B issued by New Himachal Goods Truck Owners Union, Mehatpur for transporting 300 cases of liquor from M/s Anjali Wines L-13 Dehlan to L-14 Daulatpur. It is also alleged that there was no L-13 or L-14 license issued to any one at the said places. However, only L-13A license was found to have been issued at Dehlan for the whole sale of the country liquor but was not in the name of M/s Anjali Wines. On this, A.S.I. Kishan Chand got suspicious about the validity of the pass. Thus, Satish Kumar, occupant of the truck was also found to be the Excise contractor of the country liquor vend at Sansarpur Terrace and the another occupant Rakesh Kumar was the salesman in the said liquor vend. It is alleged that Petitioner Satish Kumar during enquiry admitted that the alleged permit/pass was a forged document. The police seized the whole consignment and took a sample of 180 ml. each from one bottle each out of 50 boxes and sealed them with seal impression ‘KC’. The seal after its use was handed over to Head Constable Subhash Chand. Sample of seal was taken on a piece of paper Exhibit PW15/A. The documents of the truck were taken into possession. A ruka Exhibit PW1/E was sent for registration of the case through constable Ajmer Singh on the basis of which FIR Ex PW12/A was registered under Section 420, 467, 468, 471, I.P.C. and Section 61 (1) (a) of the Punjab Excise Act as applicable to the State of Himachal Pradesh. The police also prepared the site plan Exhibit PW15/B. It is further alleged that during the investigation of the case, Santish Kumar petitioner had disclosed that 3600 bottles were purchased by them from Raj Kumar Manager paying him rupees 61,200/-which were got loaded by Prem Chand and Rakesh Kumar son of Mool Chand salesman and the alleged pass was forged by Raj Kumar Manager himself which was handed over to Satish Kumar and Rakesh Kumar son of Labhu Ram. During the investigation of this case, L-13A at Dehlan was checked by the Excise Inspector Balbir Singh and be found shortages of 307 boxes and eight quarters, 2 boxes and six pints. The driver along with its documents was arrested by the Police. Raj Kumar was produced for t