JUDGMENT : Sureshwar Thakur, J. 1. The instant appeal stands directed, against, the verdict, pronounced on 7.5.2010, by the learned Judicial Magistrate, 1st Class, Nadaun, District Hamirpur, H.P. in Excise Case No. 24-III-2006, whereby, he acquitted, all the accused for theirs’ allegedly committing, an offence punishable under Sections 61(i)(a) of the Punjab Excise Act, as applicable, to the State of Himachal Pradesh. 2. The facts relevant to decide the instant case are that on 9.3.2006, SI Rajinder Pal, the Investigator of the case along with other police personnel and officers of the Excise Department was on patrol duty and nakabandi at place Gaggal near the Mandial Petrol Pump where he received a secret information that one jeep tralla bearing Non. HP-22-1709 loaded with liquor was coming from Kangra side to Naduan. On receipt of aforesaid secret information, the Investigator along with other police personnel and officers of the Excise Department laid naka at place Gaggal and around 6.30 a.m. the aforesaid vehicle came from the side of the Bus Stand Naduan and on seeking the police party, the accused persons tried to escape from the scene of crime by turning their vehicle back but the investigator along with aforesaid officials succeeded in apprehending the accused persons along with said vehicle. The accused Kali Dass was driving the offending vehicle whereas the other accused persons namely Vikram Singh and Ravi Parkarsh were occupying the same and they revealed their identity as such to the investigator. On search aforesaid vehicle, 80 cartons of Country Liquor Lal Kila Brand cartons of Indian Made Foreign Liquor Bag Piper brand, 10 cartons, Indian Made foreign Liquor Kingpaul brand, 10 cartons of Thunderbolt Beer were recovered from the exclusive and conscious possession of the accused persons without there being any valid permit. Each carton was containing 12 bottles of liquor/bear. The investigator took out one bottle of each brand of liquor, that is, five bottles as sample from one carton of each brand of liquor and thereafter sealed them with seal impression ‘H’ and were taken into possession along with the remaining bottles of country liquor contained in the respective cartons vide memo Ext. PW-5/B in presence of S/Sh. Prakarn Singh, Chet Ram and Raj Kumar. The investigator furnished a copy of recovery memo Ext. PW-5/B to the accused persons and also obtained their signatures thereon in token of receipt. PW-5/B in presence of S/Sh. Prakarn Singh, Chet Ram and Raj Kumar. The investigator furnished a copy of recovery memo Ext. PW-5/B to the accused persons and also obtained their signatures thereon in token of receipt. The investigator also obtained specimen of seal impression ‘H’ on a piece of cloth which is Ext. PW-5/A and the seal after use was handed over to Sh. Prakaran Singh. Thereafter the investigator prepared rukka Ext. PW-5/A and send the same to Police Station, Nadaun through HC Amar Nath for registration of the case on the basis of which, FIR Ext. PW- 9/A was lodged at Police Station, Naduan against the accused. The investigator also took into possession the jeep tralla along with its documents vide memo Ext. PW-1/A. The site plan Ext. PW-5/D was also prepared. During investigation, the sample bottles were sent to CTL, Kandaghat for chemical analysis and the same were found to be containing alcoholic strength as detailed in report of Chemical Examiner Ext. PX. After completion of investigation and on being satisfied that the accused persons have committed the offence complained against the officer-in-charge of the Police Station, Nadaun presented the charge-sheet for the commission of offence punishable under Section 61 (i) of Punjab Excise Act, as applicable to the State of H.P. against the accused persons. 3. On conclusion of investigations, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared, and, filed before the learned trial Court. 4. The accused, stood charged, by the learned trial Court, for theirs’, committing offences punishable, under Sections 61(i)(a) of the Act. In proof of the prosecution case, the prosecution examined 10 witnesses. On conclusion of recording of prosecution evidence, the statement, of all the accused, under Section 313, of, the Code of Criminal Procedure, were, recorded by the learned trial Court, wherein, all the accused claimed innocence, and, pleaded false implication. 5. On an appraisal of the evidence on record, the learned trial Court, returned findings of acquittal qua, the, accused/respondents herein. 6. The State of H.P., stands aggrieved, by the judgment of acquittal, recorded, qua the accused/respondents. The learned Addl. 5. On an appraisal of the evidence on record, the learned trial Court, returned findings of acquittal qua, the, accused/respondents herein. 6. The State of H.P., stands aggrieved, by the judgment of acquittal, recorded, qua the accused/respondents. The learned Addl. Advocate General appearing for the State, has concertedly, and, vigorously contended qua the findings of acquittal recorded by the learned trial Court, standing not based, on a proper appreciation, by it, of the evidence on record, rather, theirs standing sequelled by gross mis-appreciation, by it, of the material on record. Hence, he contends qua the findings of acquittal warranting reversal by this Court in the exercise, of its appellate jurisdiction, and, theirs standing replaced, by findings of conviction. 7. On the other hand, the learned counsel appearing for the accused/respondents herein, has, with considerable force and vigour, contended qua the findings of acquittal recorded, by, the learned trial Court rather standing based on a mature, and, balanced appreciation, by it, of the evidence on record, and, theirs’ not necessitating any interference, rather theirs meriting vindication. 8. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 9. The relevant recovery, of, the cache of liquor, was made through memo, comprised in Ext. PW-5/B. All the official witnesses, deposed, in tandem and with utmost consistence, besides bereft of any intra-se contradictions, occurring, in their respective examinations-in-chief, and, in their cross-examinations, besides rendered testifications, all bereft, of, any inter-se contradictions, the qua trite factum, of the recovery of the cache of liquor, occurring through, memo borne in Ext. PW- 5/B. Their respective testifications hence acquire, the, gravest solemnity, and, probative vigor. Even though, an independent witness, to Ext. PW-5/B, has reneged, from, hsi previous statement recorded in writing. However, with his rather admitting the occurrence, of, his genuine signatures, as exist, on Ext. PW- 5/B. Their respective testifications hence acquire, the, gravest solemnity, and, probative vigor. Even though, an independent witness, to Ext. PW-5/B, has reneged, from, hsi previous statement recorded in writing. However, with his rather admitting the occurrence, of, his genuine signatures, as exist, on Ext. PW-5/B, thereupon the factum of his admitting his signatures, on the aforesaid memo, cannot be overlooked, (i) whereupon, he, as mandated by the provisions of Section 91 and 92 of the Indian Evidence Act, stood, interdicted, besides forbidden, to depose in variance therefrom, rather with his being interdicted, by the statutory mandate engrafted, in the afore- referred apposite provisions, of, the Indian Evidence Act, (ii) thereupon, reiteratedly, he, by admitting his signatures existing thereon, hence also imputes conclusive proof, qua all the recitals, occurring therein, (iii) significantly on occurrence, of unflinching evidence qua his signatures existing thereon, irrefragable evidence whereof stands evinced, by his admitting, the prime factum of the apposite memo, rather holding his signatures, hence, his apposite admission, sequelly statutorily belittles, the effect of his deposing orally in variance or in detraction thereto. 10. Even though, he has testified, of, the Investigating Officer rather obtaining his signatures, upon, a, blank paper, yet, the aforesaid testification, cannot, render unproven, all the recitals hence occurring in Ext. PW5/B, nor obviously the aforesaid statutory embargo, permits him, to renege, from his previous statement recorded in writing, or, from, the recitals occurring in PW-5/B, whereon, his uncontested signatures hence occur, the reason being, (a) his not making any clear echoing, in his testification, qua the Investigating Officer concerned, exerting any coercion or duress, upon him, for his subscribing his signatures thereon, (b) nor his making, any echoing, in his testification qua his thereafter, making a complaint, vis-à-vis, police officers superior, to, the Investigating Officer. 11. The apposite report of the CTL, is, comprised in Ext. PX, and, is rendered qua (i) one bottle country liquor Lal Kila, (ii) one bottle Bag Piper, (iii) one bottle English wine Kiny Paul, (iv) English wine Black Jack xxx Rum, (v) thunder Bold 180ML Beer, all bottles whereof were extracted, from, the cache of liquor, recovered through memo, borne, in Ext. PW-5/B, (a) all the prosecution witnesses concerned, in their respectively rendered testifications, echoed, with utmost unanimity, and, concurrence, vis-à-vis, the recovery of the apposite cache, of, liquor being made under Ext. PW-5/B, (a) all the prosecution witnesses concerned, in their respectively rendered testifications, echoed, with utmost unanimity, and, concurrence, vis-à-vis, the recovery of the apposite cache, of, liquor being made under Ext. PW-5/B. (b) along therewith, each of, the prosecution witnesses, in their respectively rendered tesitifcations, make apparent under scorings vis-a-vis the recovery of cache, of liquor, as, made under Ext. PW-5/B, also bearing congruity therewith, (e) AND, the CTL in its report comprised, in, Ext.PX also makes, clear unrebutted echoings, vis-à-vis, the sample bottles, sent to it, for analysis, containing there within liquor, (f) preponderantly, hence the factum of the sample bottles retrieved, from, the entire cache, of, liquor recovered, at the site, comprised in site plan, embodied in Ext.PW-5/B, does prima facie bear apt analogity therewith. In aftermath, the prosecution, does prima facie, succeed, in proving the charge against the accused, vis-à-vis, the bottles, of, liquor qua wherewith, report comprised, in, Ext. PX, was hence rendered. 12. Be that as it may, even when the prosecution, has hence, proven the charge, to the extent aforesaid, against, the accused, yet, (a) the further important link, for hence emphatically establishing, the, charge qua them rather was comprised in the prosecution, also producing, the case property, in court, importantly for enabling the learned trial Court to hence sight it, AND, also to facilitate, its, sighting by the prosecution witnesses’ concerned, and, by the learned defence counsel, (b) whereupon apt sightings thereof, hence forthright apt discernments would rather emanate, from, the court, and, from the learned defence counsel, vis-à-vis, the seal impressions embossed thereon, carrying analogity vis-a-vis, the ones’, reflected in Ext. PW-5/B. However, the aforesaid vital link, for hence firmly, and, formidably establishing the charge, against the accused, is grossly amiss here at, (c) given the case property being put to auction, and, being thereat sold, on 3.5.2006, rendering hence, precluded, its, production before the learned trial Court. The aforesaid sale of the case property, hence, in a public auction, is deprecated, given its obviously begetting, the ill sequel, qua thereupon the genesis, of the prosecution case, rather being smothered, significantly, even qua, the, bottles in respect whereof, the report borne in Ext. PX, stood rendered. The Commissioner of Excise, is directed to after issuance of show cause notice, to all concerned, initiate in accordance with law, appropriate proceedings against them. PX, stood rendered. The Commissioner of Excise, is directed to after issuance of show cause notice, to all concerned, initiate in accordance with law, appropriate proceedings against them. A copy of this order, be sent forthwith, to the learned Commissioner (Excise), for his initiating, further necessary action. 13. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court has appraised the entire evidence on record in a wholesome and harmonious manner, apart therefrom, the analysis of the material on record by the learned trial Court, does not suffer, from a gross perversity or absurdity of mis-appreciation, and, non appreciation of evidence on record. 14. Consequently, there is no merit in the instant appeal and it is dismissed accordingly. In sequel, the impugned judgment, is, affirmed and maintained. All pending applications also stand disposed of. Records be sent back forthwith.