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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Totu – Respondent
| Table of Content |
|---|
| 1. factual background and trial court acquittal. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties' arguments on acquittal and evidence. (Para 7 , 9 , 10) |
| 3. limited interference in acquittal appeals. (Para 11 , 12 , 13 , 14) |
| 4. no independent witnesses needed on patrol. (Para 15 , 16) |
| 5. seal handover to independents not required. (Para 17 , 18 , 19) |
| 6. police testimonies reliable without independents. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 7. chance recovery excuses independent witnesses. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 8. intact seals prove custody integrity. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 9. excess liquor possession violates section 61(1)(a). (Para 48 , 49 , 50 , 51) |
| 10. illicit liquor unproved; convict for excess. (Para 52 , 53 , 54 , 55 , 56 , 57) |
Judgment :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 3.8.2011, passed by learned Judicial Magistrate First Class, Court No. 2, Nurpur, District Kangra, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Section 61(1)(a) of the Punjab Excise Act (
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