Dock identification without test identification parade is unreliable for strangers glimpsed briefly in darkness; prosecution must link spot nicknames to accused; revisional court may set aside perverse reliance on faulty identification. (28 words)

JUDGMENT :
Rakesh Kainthla, Judge

The present revision is directed against the judgment dated 9.7.2014, passed by learned Additional Sessions Judge-III, Kangra at Dharamshala, vide which the judgment of conviction and order of sentence dated 15.1.2009, passed by learned Judicial Magistrate First Class, Palampur, District Kangra, H.P. (learned Trial Court) were upheld. (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 revision are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Section 61(1)(a) of the Punjab Excise Act (as applicable to the State of H.P.) and Section 181 of the Motor Vehicles Act. It was asserted that ASI Gambhir Chand (PW4), ASI Gurbachan Singh (PW6), HHC Prem Chand (PW1) and Constable Daljeet Singh (PW3) were present at Kali-Di- Hatti on 17.12.2006 in an official vehicle bearing registration No. HP-39A-1487 being driven by Constable Manmohan Singh. Two Maruti Vans came from Maranda at about 1.00 AM. The police signalled the drivers to stop, but the Vans sped away towards the Rajpur-Tanda Bye-pass. The police became suspicious and followed the vans. They intercepted the Vans at a distance of half a kilometre before Rajpur Chowk. The drivers stopped the vans and ran towards the bushes. The police followed the drivers, but they escaped by taking advantage of the darkness. The police identified them as Billa and Jitru, both residents of Tikkar. The police checked the vans and found their registration numbers to be HP-37A-4251 and DL-2CC-2574. The police recovered nine cartons containing 108 bottles of country liquor bearing the mark Lal Kila, in the van bearing registration No. HP-37A-4251 and 10 cardboard boxes containing 120 bottles bearing the mark Lal Kila in the van bearing registration No. DL-2CC-2574. The police took sample bottles from the cardboard boxes and put the remaining 222 bottles back in the cardboard boxes. The cardboard boxes were put in four gunny bags. Sample bottles and gunny bags were sealed with seal ‘D’. Sample seal (Ex.PW4/A) was taken on a separate piece of cloth, and the seal was handed over to ASI Gurbachan Singh after use. Liquor was seized vide memo (Ex.PW1/A). Rukka (Ex.PW4/B) was prepared and was sent to the Police Station, where FIR (Ex.PW4/C) was registered. ASI Gambhir Chand conducted the investigation. He prepared the site plan (Ex.PW4/E) and recorded the statements of witnesses as per their version. Samples were sent to CTL, Kandaghat, and the results of analysis (Ex.PX1 and Ex.PX2) were issued, stating that the samples of country liquor contained 49.70%, 49.70%, 49.70%, 50%, 50%, 49.70% and 50% proof alcohol. Statements of prosecution witnesses were recorded as per their version, and after the completion of the investigation, a challan was prepared and presented before the learned Trial Court.

3. Learned Trial Court charged the accused with the commission of an offence punishable under Section 61(1)(a) of the Punjab Excise Act (as applicable to the State of H.P.), to which they pleaded not guilty and claimed to be tried.

4. The prosecution examined six witnesses to prove its case. Prem Chand (PW1) and SI Gurbachan Singh (PW6) are the witnesses to the recovery. Kehar Singh (PW2) was working as an MHC with whom the case property was