JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 12.10.2012 passed by learned Judicial Magistrate First Class, Court No.1, Dehra, District Kangra (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Section 61 (1) (a) of the Punjab Excise Act as applicable to State of H.P. (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 before the learned Trial Court against the accused for the commission of an offence 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 (MV Act). It was asserted that SI/SHO Som Nath (PW5), ASI Chain Singh, ASI Sanjay Kumar, Constable Ashok Kumar, HHG Pradeep Kumar, HHG Dilbag and HHG Lekh Raj were on nakabandi in an official vehicle bearing registration No. HP39A-0459 on 25.09.2008 at 3:00 am. Two vehicles came at a high speed from Dehra at about 6:45 am. The police si