IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Appeal No. 351 of 2009 Judgment reserved on : 29.11.2019. .

Date of Decision : March 23 , 2020 State of Himachal Pradesh ...A ppellant.

Versus o Ravi Kumar ...Respondent.

Coram: r The Hon’ble Mr. Justice Anoop Chuitkara, Judge.

Whether approved for reporting?1 Yes.

For the appellant : Mr. Ashwani K. Sharma, Additional Advocate General for the appellant-State.

For the respondent : Mr. Bhuvnesh Sharma, Advocate, for the respondent/accused.

Anoop Chitkara, Judge.

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 S