Punjab Excise Act | Half-Filled, Unsealed Liquor Bottles Cast Serious Doubt: Himachal Pradesh High Court Upholds Acquittal

The Himachal Pradesh High Court dismissed the State's appeal, which challenged the acquittal of an accused for the commission of an offence punishable under Section 61(1)(a) of the Punjab Excise Act (unlawfully possess any intoxicant (like liquor or drugs) or materials/apparatus for making them).The Court held that serious lapses in sealing, production, and identification of the seized liquor bottles undermined the prosecution case. The Court further noted that the bottles produced before it were half-filled and empty, which was contrary to the prosecution's own version that sealed and filled bottles were recovered from the accused. The Court further remarked that in the absence of FIR numbers on the bottles and with an admission by the Investigating Officer that the case property was not even sealed, it created reasonable doubt regarding the identification of the case property. Justice Rakesh Kainthla remarked that: “S.I. Balak Ram (PW-7) admitted in his cross-examination that bottles were half-filled and empty. It is the specific case of the prosecution that the police had recovered filled bottles. There is no explanation for producing the half-filled and empty bottles before the Court.. therefore, there is reasonable doubt regarding the identification of the case property in the Court.”The case arose when the police presented a challan against the accused before the learned Trial Court for the commission of an offence punishable under Section 61(1)(a) of the Punjab Excise Act. The prosecution alleged that they searched the accused's house, based on secret information and recovered seven boxes containing 84 bottles of country liquor without any permit.The accused was acquitted by the trial court on the ground that the statements of the official witnesses contradicted each other on material aspects and independent witnesses did not support the prosecution's case. Aggrieved, the state filed an appeal before the High Court, contending that the Trial Court discarded the testimonies of official witnesses for unsustainable reasons. The state further submitted that the independent witnesses were Pardhan and Ward Panch of the Gram Panchayat and the accused was Up-Pradhan so the independent witnesses turned hostile due to their proximity to the accused. Case Name: State of H.P. V/s Vinod Kumar @Ghungaru Case No.: Cr. Appeal No.400 of 2011Date of Decision: 13.10.2025For the Petitioner: Mr. Jitender K. Sharma, Additional Advocate General.For the Respondent: Mr. Naresh Kumar Sharma, AdvocateClick Here To Read/Download Order

Punjab Excise Act | Half-Filled, Unsealed Liquor Bottles Cast Serious Doubt: Himachal Pradesh High Court Upholds Acquittal

Mehak Aggarwal

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