J U D G M E N T

Challenging the acquittal for transporting liquor without licence and in violation of Section 61(1)(a) of Punjab Excise Act, 1914, as extended to the State of H.P., the State has come up before this Court.

2. On 11.11.2002, at 10.30 p.m., the police party comprising of ASI Mohammad Arshad (PW-5), Constable Vijay Krishan, HHC Ashok Kumar (PW-1), HHG Ranvir Singh were patrolling in the official vehicle under the supervision of Dy.SP, Jaram Singh. The police officials were patrolling with a view to detect crime and for that purposes, they had erected a Naka at place hear Harsar. One jeep came from the side of Nagrota Surian. The police officials signaled it to stop. On seeing the police party, the driver of the jeep tried to drive the jeep in the reverse direction. It raised suspicion in the mind of the investigator and the jeep was chased with the police gypsy. Subsequently, the jeep alongwith the driver was intercepted. On inquiry, the driver revealed his name as Narinder Kumar (A-1) and there was a person sitting alongwith him, who revealed his name as Rajeev Singh (A-2). On a cursory search of the jeep, it had cartons of country as well as English liquor. The police officials asked the driver to show permit for transporting the liquor. However, neither the driver nor the persons sitting alongwith him could produce any such permit. After that, the investigator checked those cartons.

3. Subsequently, as per seizure memo, Ex.PW-1/A, the police officials recovered 35 cartons of country made liquor, Patiala Orange and every carton had 12 bottles, containing 750ml each. Apart from that, the police recovered 10 cartons of Bagpiper English liquor and every carton had

12 bottles. Furthermore, the police officials recovered 4 cartons of Double Dog, IMFL, and each carton had 12 bottles.

4. Police took out one bottle each from the cartons of country liquor, Bagpiper and Double Dog and sealed those for the purpose of sending to CTL and sealed with seal impression 8T9. The remaining liquor was taken into possession vide memo.

5. After that seizure memo, Ex.PW-1/A, was scribed and signatures of police officials i.e. Vijay Krishan, HHG Ashok Kumar (PW-1) were obtained as witnesses and accused persons also signed the said memo.

6. Subsequently, the police officials wrote a ruka, Ex.PW-5/B containing all such seizures, and sent the same for registration of FIR. Based on such ruka, police registered the FIR captioned above.

7. The investigator took into possession the jeep, its documents and also arrested the accused persons and brought the liquor and the accused persons to the police station.

8. On reach the police station, the investigator handed over the liquor to the MHC Rakesh Kumar, (PW-6). MHC sent the samples for testing to CTL. Vide reports of the laboratory, Ex.PW-4/A to Ex.PW-4/H, the bottles contained alcohol and were tested as liquor.

9. After completion of the investigation, officer-in- charge of the police station launched prosecution against respondents for the commission of offence captioned above.

10. Vide order dated 06.06.2005, learned ACJM framed the charges against the accused for carrying aforesaid liquor without permit, which amounted to an offence punishable under Section 61(1)(a) of Punjab Excise Act, 1941, as applicable to the state of H.P. Both the accused did not plead guilty and claimed trial.

11. In the trial prosecution examined all the police officials as their witnesses and tendered in evidence the report of laboratory under Section 293 of Cr.P.C.

12. The accused in their statements under Section 313 of Cr.P.C, recorded on 08.01.2007, denied all the circumstances, except that they were in custody from 13.11.2002 up t