JUDGMENT

Anoop Chitkara, J. - The misadventure of a boy aged just 19 years, to arbitrage the lesser cost price of liquor at Chandigarh, and its retail price in Himachal Pradesh, got scuttled, costing dearly on being nabbed while smuggling 864 bottles of licit Country and English liquor, leading to his prosecution, and on its failure the present appeal by the State of Himachal Pradesh seeking his conviction for the violation of the provisions of the Excise Act as well as Motor Vehicles Act.

2. The gist of the facts, apposite to decide the present case, traces its origin to daily diary report number 6, dated Oct 7, 2007, reported at 11.00 pm (Ext. PW-7/A) whereby the police party headed by SI Hans Raj (PW-6), Police Station SV & ACB, Hamirpur, and comprising of SI Amar Singh (PW-3) and other police officials proceeded in their official vehicle to erect a check post, and also to patrol. When the police officials were present at place Gashota Road at 3.30 am (night), they spotted one mini truck coming towards them on which they signaled it to stop. There was none except the driver in the said truck, who, on being asked, revealed his name as Ravi Kumar, respondent herein. Police Official