HP HC | State’s appeal against acquittal dismissed in light of weak case of prosecution

Himachal Pradesh High Court: Anoop Chitkara, J., dismissed an appeal filed to challenge the acquittal of respondents-accused for carrying 600 bottles of country-made liquor without a license, where the Chief Judicial Magistrate had acquitted him giving reasons.

The daily diary report of the Police line in Hamirpur stated that on the morning of November 29, 2006, when the police party was present at a place known as Karer, then from the side of Salauni, one vehicle number bearing No. HP22A 8412 had arrived and it was stopped on suspicion. The vehicle had two people, the driver and one other person who ran away taking advantage of darkness. On checking the police had found 50 cartons, each carton contained 12 bottles of 750 ml each, in all 600 bottles of country-made liquor of Brand Una No. 1, out of which 5 bottles were taken out by the officials for sample and others were sealed, after which FIR was filed for the commission of offence punishable under Section 61 of the Punjab Excise Act as applicable to the State of H.P., also during investigation, the police arrested the absconding accused. After the completion of the investigation, police had filed a report under Section 173 (2) CrPC in the Court of Chief Judicial Magistrate. After the recording of the prosecution evidence, the trial Court had put the incriminating circumstances to the accused in compliance with the provisions of Section 313 of CrPC; the accused denied all the circumstances but had not led any evidence in defence. The Court had dismissed the prosecution case and acquitted the accused of all charges thus the instant appeal was filed by the State.

The High Court while dismissing the appeal found the impugned Judgment well reasoned and explained that the point that the police had introduced an independent witness at a later stage as there was no mention of him in the daily diary report and in cross-examination also the prosecution witness admitted to the fact that he had seen 350 bottles in a gunny bag which were unsealed, and the prosecution had failed to prove in evidence that the quantity of bottles of liquor in question was 600.  [State of Himachal Pradesh v. Vipan Kumar, 2020 SCC OnLine HP 34, decided on 03-01-2020]

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