BAKHTAWAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide order dated 14.5.1987, Judicial Magistrate 1st Class, Ferozepur found the charge under Sec. 61(1)(c) of the Punjab Excise Act proved against Bakhtwar Singh in case FIR No. 199 Dated 6.3.83 of Police Station Sadar, Feroepur and he accordingly convicted him and sentenced him to undergo RI for 11/2 years and to pay fine of Rs. 5000.00 or in default of payment of fine to further undergo RI for 3 months. He went in appeal, which was dismissed by Additional Sessions Judge, Ferozepur vide order dated 12.5.88.

(2.) Not satisfied with the order of Additional Sessions Judge, Ferozepur, Bakhtwar Singh Petitioner has knocked the door of this Court through this revision.

(3.) On 6.3.83. ASI Harcharan Singh and HC Gurmeet Singh etc. were going on patrolling. Police party was split into two sub parties. When they reached in the area of village Alike, one such sub party was headed by ASI Harcharan Singh. HC Balbir Singh etc. were the other members comprising the sub party headed by ASI Harcharan Singh and when they proceeded a little ahead, they received secret information that the accused was distilling illicit liquor by means of working still near the bed of river Satluj in the reeds. On receipt of this information, ruqqa Ex. PA was went to the Police Station, Sadar Ferozepur on the basis of which, this case was registered. Thereafter, ASI Harcharan Singh etc. proceeded towards the place of raid. They found the accused distilling illicit liquor by means of working still. At the time of raid, he was found feeding fire in the hearth of the still. Still was dismanted and its component were cooled down, such as down boiler plastic pipe, receiving tin, etc. Three other drums containing lahan were also lying near the working still. Liquor was tricking through the plastic pipe and falling in the receiving tin. Out of the recovered liquor, nip was taken out as sample. Remaining liquor was transferred into two bottles. Drum boiler, drums containing lahan, sample nip and bottles containing illicit liquor were sealed at the spot. Drum boiler etc. were taken into possession. On return to the Police Station case property was deposited with the MHC. Sample was sent to the Chemical Examiner for Chemical examination, who found the same to be containing illicit liquor. Excise Inspector tested the contents of the drum boiler. From their taste, colour and smell, he found the same to be fully fomented lahan and partially distilled lahan, out of which some liquor had been distilled and some liquor could be still distilled. He tested the contents of the other drum. From their taste, colour and smell, he found the same to be full fomented lahan fit for distillation of illicit liquor. He gave his test report Ex. PC in this behalf.