JUDGMENT : 

RAKESH KAINTHLA, J.

1. The present appeal is directed against the judgment dated 15.06.2012, passed by learned Additional Sessions Judge, Sirmaur District at Nahan (HP) (learned Appellate Court), vide which the judgment of conviction dated 24.05.2010 and order of sentence dated 26.05.2010, passed by learned Judicial Magistrate, First Class, Court No. 1, Paonta Sahib, District Sirmour (HP), were set aside. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of an offence punishable under Section 61(1) (a) of the Punjab Excise Act, 1914, as applicable to the State of HP. It was asserted that HC Yash Pal (PW8), HHC Karun Kumar (PW2) and Constable Rambhaj (not examined) were on patrolling duty on 17.02.2007. They received secret information at about 05.00 PM, that the accused, Balbir Singh, was selling illicit liquor from his tea shop, and in case of search huge quantity of illicit liquor could be recovered. The information was c