The judgment underscores the significance of corroborative evidence from official witnesses and the admissibility of their testimony, as well as the importance of the chemical analysis report in establishing the guilt of the accused.

Ajay Mohan Goel, J.

This revision petition has been filed against judgment dated 14.1.2008 passed by the Court of learned Addl. Sessions Judge, Fast Track, Kangra at Dharamshala in Cr. Appeal No. 15- D/X/2007 affirming the judgment passed by the Court of learned Chief Judicial Magistrate, Kangra at Dharamshala in Criminal Case No. 297-III/05 dated 09.07.2007, vide which the present petitioner has been convicted for offence under Section 61(1)(a) of the Punjab Excise Act, 1914, as applicable to the State of Himachal Pradesh.

2. In brief, the case of the prosecution was that on 3.7.2005 police personnel headed by SI Surinder Thakur were at village Nagroti, District Kangra on a routine patrol. On the said date, at around 7:30 p.m., Head Constable Kuldeep Chand received information on his mobile from MHC, Dharamshala that a Van bearing registration No. HP-02-5259 was coming towards Yol side after committing an accident and that the same should be stopped. Accordingly, some police officials were deputed to Narwana Chowk to lay a seize, and Sub Inspector also reached there.

3. At about 9:15 p.m., a Mahindra Jeep bearing registration No. HP-37-4495 came from Dharamshala side, which was stopped by the police. He was found transporting 40 boxes, each box containing 12 bottles of country liquor ‘Lal Killa’ brand without any licence. Thereafter, the identity of the accused was obtained. From five boxes, one bottle each was taken and from said five bottles, one nip each was taken out as sample for the purpose of analysis. Thereafter, these five bottles and five nips were sealed with seal impression ‘A’. Sample impression of the seal was also taken separately and bottles recovered along with liquor were taken into possession.

4. At the time of search, Desh Raj and Sunil Kumar had also been joined as independent witnesses and thereafter the seal was handed over to independent witness Desh Raj. FIR was registered and the vehicle was impounded. After the receipt of the report of the samples, it was found that the same contained country liquor with 50% strength and as the liquor was being transported without any licence, the same was found offending provisions of Punjab Excise Act, as applicable to the State of H.P. Challan was accordingly prepared and presented in the Court. The accused pleaded not guilty and accordingly was tried for the offences charged against him.

5. In order to prove its case, the prosecution examined 9 witnesses. PW1-Desh Raj was associated as independent witness of the locality at the time of search and recovery of the country liquor. However, said witness did not support the case of the prosecution and was declared hostile. The other independent witness Sushil Kumar was given up by the prosecution as having been won over by the accused. PW2- Madan Lal had stated that on 30.7.2005 he was posted in Police Post, Yol. He along with SI Surinder Thakur, Constable Sardari Lal, Constable Anoop Kumar and others was present for the Nakabandi at Narwana Chowk and at around 9:15 p.m., one jeep bearing registration No. HP-37-4495 came from Yol side which was stopped and searched. Inside the jeep under the tarpaulin (Tarpal) 40 boxes of country liquor ‘Lal Kila’ brand were recovered. There were 12 plastic bottles in each box and accused was in the jeep who on inquiry revealed his name as Parbinder Singh son of Sh. Onkar Singh. When the accused was called upon to show the transit permit, he failed to do so. At the spot one bottle each was taken out from five boxes of the country liquor and from said bottles, one nip each was taken as sample for chemical test and the said 5 bottles and the nips were sealed with mark ‘A’. The same were taken into possession vide memo Ext. PW3/A and the seal was taken on a separate clothe and after use it was handed over to Sh. Desh Raj. Thereafter, he along with Desh Raj and Sunil appended their signatures. He further stated that he has seen the seized boxes of liquor in the Court.

6. PW3-Vishal D