BALJEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON the basis of a secret information an F.I.R. No. 239 dated 5.9.1983 Ex.PA/1 under Section 61(1)(c) of the Punjab Excise Act, 1961, was registered at Police Station, Safidon against the petitioners that they were distilling illicit liquor by means of a working still which was being run in the sugar-cane field. The police party headed by Jai Bhagwan, Head Constable raided the fields and they found the petitioners working a still and distilling illicit liquor. The components of the working still along with a drum containing 40 Kgs. of lahan and 3-1/4 bottles of illicit liquor were taken into possession vide memo Ex.PB. Also they recovered one pitcher of lahan containing about 15 kgs. of lahan. After receipt of the report of the Chemical Examiner Ex.PE the petitioners were prosecuted and were tried.

(2.) ON the testimony of HC Jai Bhagwan, PW.1 and Banwari Lal, PW.4, both the petitioners were convicted by the learned trial Magistrate under Section 61(1)(c) of the Punjab Excise Act and each of them was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 2000/- each. In default of payment of fine each of them was ordered to undergo further rigorous imprisonment for 1-1/2 months. The appeal filed against their conviction and sentence was dismissed by the learned Additional Sessions Judge, Jind.

(3.) THEREFORE , in the given case neither the independent witness joined by the police has supported the prosecution story nor the statements of the police officials are inspiring confidence because of the contradictions and omissions. Hence, both the petitioners are acquitted by giving them the benefit of doubt.