State of Himachal Pradesh vs Rajbir singh and Bhim Singh

V.K. Sharma, Judge

By an order dated 9.3.2012 passed by this court, text whereof is as under, the respondents (accused) were permitted to compound the offence u/s 61(i)(a) of the Punjab Excise Act as applicable to the State of Himachal Pradesh, out of which the present appeal has arisen, on payment of Rs. 3,000/- as compounding fee to be deposited with the Assistant Excise and Taxation Officer, Nahan on or before 30.4.2012 against receipt and the case was ordered to be listed on 8.5.2012.

As per case of the prosecution, on 30.3.2003, Police intercepted accused Rajbir Singh while going on a new motorcycle Kawasaki with a pillion rider Bhim Singh, carrying two cartons containing five bottles in one and 18 bottles (750 ML each) in another, of English Whisky of green label. They could not produce the valid permit or the licence, as such, HC Tapender Singh the Investigating Officer took three sample nips from three bottles for chemical analysis and sealed with seal impression ''R''. Thereafter Ruqa for the registration of the case was sent to the Police Station, which culminated into FIR u/s 61(1)(a) of the Punjab Excise Act, as applicable to the State of Himachal Pradesh. The report of the Chemical Analyst was received confirming the contents of the nips to be that of English Whisky.

The respondents were put on trial and at the end of trial, they were acquitted on the basis of non-compliance of Section 100(4) of the Code of Criminal Procedure, which is prima-facie wrong and incorrect finding because the recovery is from open place, thus, provision of Section 100(4) Cr.P.C. is not attracted.

However, without going into further merits of the case, the stuff recovered from the possession of the accused can be compounded as per Notification dated 27th July, 2004 issued by the State Government. Learned counsel for the respondent seeks permission to compound the offence which is allowed. Let an amount of Rs. 3,000/�be deposited as compounding fee against receipt with the Assistant Excise and Taxation Officer, Nahan by the respondents on or before 30.4.2012. List the case on 8.5.2012 before this Court.

An authenticated copy of this order be supplied to the learned counsel for the respondents.

However, on the adjourned date of hearing (8.5.2012) on the statement of the learned counsel for the accused that the accused had refused to acknowledge the communications sent by him, bailable warrants were ordered to be issued against the accused and the same have been duly executed, consequent upon which the accused have put in appearance through counsel, who submits that the aforesaid compounding fee of Rs. 5,000/- has since been deposited by the accused with the Assistant Excise and Taxation Commissioner, Nahan, District Sirmaur through challan dated 20.6.2012. The original challan has been filed in the court, which is taken on record.

In view of the above, consequent upon the offence having been compounded in terms of the aforesaid order dated 9.3.2012, the appeal does not survive for adjudication and is disposed of accordingly.