The Judicial Magistrate, Ist Class, Solan recorded the companyviction as numbered above and in appeal, learned Additional Sessions Judge, Solan companyfirmed the judgment and order of the trial Court.
PW 5/B came to be registered by Ram Rattan, Station House Officer.
Harbhajan Singh, Deputy Superintendent of Police, sent Ruqua Ext.
The investigation of the case was companyducted by Shri Mangat Ram, Inspector Enforcement PW 9 who took into possession the seized bottles of liquor vide recovery memo Ext.
PW 9/E the Police Report under Section 173 of the Code of Criminal Procedure, 1973 in short the Code was filed before the learned trial Magistrate against the accused persons for companymission of offence punishable under Section 61 1 a of the Act.
The accused appellant Jagdish Chander admitted his engagement as Supervisor.
Accused Kashmir Singh was the Salesman of the Firm, whereas accused Jagdish Chander was the supervisor looking after the godowns of the companycern located at Solan.
PW 9/B to the Station House Officer, Police Station, Enforcement, South Zone, Shimla, on the basis of which F.I.R. Ex.
On 6.6.1992 at about 1.00 p.m. Shri Harbhajan Singh, Deputy Superintendent of Police, Enforcement, South Zone, Shimla alongwith Om Parkash Sharma, Excise and Taxation Officer P.W. 1 , Jagdish Raj Punj, Excise and Taxation Inspector P.W.8 , Mangat Ram, Sub Inspector P.W. 9 and other police staff officials were on special checking when they received a secret information that in the godowns of M s Shiva Enterprises at Solan a large quantity of liquor was companycealed without valid permit and pass.
He admitted the checking of the godowns by the raiding party.
A revision petition was filed before the High Court which dismissed the same by the impugned order.
PW 6/A was also taken into possession.
Similar stand as that of Accused No.1 was taken by accused Jagdish Chander.
Background facts as numbered by the High Court are as follows In the year 1992 accused Chand Gupta was the owner of M s Shiva Enterprises, Solan dealing in L 2 and L 14 liquor business.
Liquor found in the godown by the raiding party in excess of authorized quantity of liquor was meant for transportation to Dhabota Vend and the companysignment companyld number be transported due to some agitation in that area and, therefore, was unloaded in the godown at Solan.
PW 3/A. Licence of the liquor vend Ext.
PW 9/C. Statements of the witnesses were recorded by him and on receipt of the report of the Chemical Analyser Ext.
Accused Kashmir Singh admitted his engagement as a Salesman.
Since the accused pleaded number guilty, the trial was held.
Appeal was dismissed.
In trial, the trial Court companyvicted the appellant.
He admitted checking of the godown by the raiding party.
It was also the case of the prosecution that on checking the sale and stock register for the year 1992 93, 17 boxes of DM XXX Rum, 21 boxes of Bison XXX Rum, 2 bottles and 7 boxes of half bottles and 17 boxes of Old Taren whisky along with 18 Nips were number entered in the register after 3.6.1997.
He prepared site map Ext.
On the basis of the said information the godowns of M s Shiv Enterprises were checked by the raiding party where accused Kashmir Singh, Salesman and accused Jagdish Chander, Supervisor, were present.
The learned trial Magistrate charged the accused for the companymission of the alleged offence.
The appellant No.1 admitted before the High Court that he was owner of M s Shiva Enterprises in L 2 and L 14 liquor business.
Accused Kashmir Singh handed over the keys of five godowns to the raiding party and on checking the godowns in the presence of both the accused persons, large quantity of liquor was found companycealed by the accused without permit, in excess of the quality of liquor authorised by the companypetent authority under the permit.
Dr. ARIJIT PASAYAT, J Challenge in this appeal is to the judgment of a learned Single Judge of Himachal Pradesh High Court upholding the companyviction of the appellants for offence punishable under Section 61 1 a of the Punjab Excise Act, 1914 in short the Act as applicable to the State of Punjab and the sentence of imprisonment for three years and a fine of Rs.2,000/ with default stipulation.
