BACHITTAR SINGH @ GAREEBU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 2.1.1983, HC Darshan Singh along with HC Gurdev Singh and other police officials was present near State Bank of Patiala, at Chauke where he received a secret information that the petitioner was distilling illicit liquor by means of a working still in his fields. Ruqa Ex.PB was sent to the police station for registration of a case and on its basis formal FIR Ex.PB/1 under Section 61(1)(c) of the Punjab Excise Act was recorded. The police party after joining Inder Singh Chowkidar with the police party, raided the fields of the accused where he was found distilling illicit liquor by means of a working still. The working still was cooled down and dismantled. The liquor was being distilled in a plastic container. The sample was taken out of the said container. The sample, boiler drum and the plastic container were duly sealed and taken into possession vide recovery memo Ex.PC along with other components of the working still. On receipt of the report of the Chemical Examiner Ex. PE the petitioner was prosecuted and was tried.

(2.) ON the testimony of HC Darshan Singh, PW.2 (now Assistant Sub Inspector) and HC Gurdev Singh, PW.3, the trial Magistrate convicted the petitioner under Section 61(1)(c) of the Punjab Excise Act, 1914 and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for three months. In appeal, the order of conviction and sentence passed against the petitioner was maintained. Hence this revision.

(3.) IN view of the above discussion, I am of the view that the prosecution has not been able to prove its case beyond reasonable doubt against the petitioner and by giving the benefit of doubt, he is acquitted of the charge framed against him.