MASSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 23.11.1987, passed by the Court of Additional Sessions Judge, Ferozepur, who maintained the conviction and sentence of the petitioner Shri Massa Singh, who was convicted by the trial Court under Section 61 of the Punjab Excise Act and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 3,000/- or in default to further undergo R.I. for six months.

(2.) THE brief facts of the prosecution case are that on 14.10.1984, ASI Arjinder Singh alongwith some other police officials was going towards village Maujgarh via Bangaliwala bridge in connection with patrolling. A secret information was received that a tractor-trolley carrying illicit liquor was going to village Talwandi Nepalan via Maujgarh. Finding the information reliable, the police party hid itself near the way which led to the main road of Makhu at a low lying area in the revenue state of village Talwani Nepalan. After about half an hour, a tractor make "International" No. 1596 PUB with trolley came from the side of village Maujgarh. The tractor trolley was signalled to stop. Massa Singh petitioner was driving the tractor trolley, and he was arrested when he tried to get down from the tractor and to slip away. The search of the trolley led to the recovery of twenty (20) tubes containing illicit liquor Ex. P-1 to Ex. P-20. From each tube 375 Mls of illicit liquor was separated to serve as sample and the remaining contents of each tube, when measured, came to the capacity of 80 bottles. After measurement, the contents were again transferred into the same tubes. 20 sample pints and 20 tubes were sealed with the seal bearing letters "AS", specimen sketch of the seal used was separately prepared and the seal after use was entrusted to constable Jasbir Singh. The case property was taken into police possession vide recovery memo Ex. PA, attested by constables Jasbir Singh and Sarabjit Singh. The tractor Ex. P-21 and trolley Ex. P-22 were also taken into police possession vide the same recovery memo Ex. PA. The accused could not produce any licence. Ruqa Ex. PC was sent to the police-station, where on its basis a formal FIR Ex. PC/1 was registered against the accused. Site plan Ex. PP showing the place of recovery was also prepared at the spot with correct marginal notes. Statements of the witnesses were recorded. On return to the police-station, the case property was deposited with the MHC. On receipt of the report of the Chemical Examiner and on completion of all other necessary formalities, the accused was challaned in the Court of area Magistrate.

(3.) IN order to prove its case, the prosecution examined ASI Arjinder Singh as PW-1 and constable Jasbir Singh as PW-2. The prosecution also placed on record report Ex. PE of the Chemical Examiner and closed the case after tendering into evidence the affidavits of the formal witnesses.