KISHAN LAL Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against an order of the learned Additional Sessions Judge, whereby he dismissed an appeal of the petitioner against his conviction and sentence under section 61 of the Punjab Excise Act as extended to the Union Territory of Delhi, hereinafter referred to as the 'Act'.

(2.) I he prosecution case against the petitioner was that, on the 13th March, 1964, Inspector Dalip Singh P. W. 5 had received secret information that illicit liquor would be brought in aprivate car to Delhi from across the Jamuna river via village Ah and Mathura roads, that thereupon Inspector Dalip Singh had organised a raiding party consisting of himself, other police officials Prem Chand P. W. 4, the Excise Sub-Inspector, Jamil Ahmad P. W 1, Harbans Singh P. W. 2 and Amar Singh P. W. 3 and that the party had waited at the crossing of Mathura road and village Ah road. The further case of the prosecution was that car No. D. L. A. 2/12 driven by the petitioner had arrived at that place at about 4 30 a. m. The car was stopped and on search of the car, i5 tubes wrapped in gunny bags, containing illicit liquor were recovered. The illicit liquor was put into 1593 bottles.

(3.) After investigation, the petitioner was challanged and chargesheeted under section 61 of the Act.