SUKHCHAIN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 5.9.1987, passed by the Addl. Sessions Judge, Karnal, who dismissed the appeal of the petitioner who was convicted by the J.M.I.C., Karnal, under Section 61(1)(c) of the Punjab Excise Act, as applicable to the State of Haryana.

(2.) THE brief facts of the case are that the on 19.9.1984, HC Mohinder along with Jai Narain, Ramesh Chand and Mehtab Singh, Constables, was present in connection with patrolling at Rattan Chowk, Assandh. Maman Singh son of Chuhal Singh, Rajput, also met him per chance. While he was talking to him, he received a secret information against the petitioner to the effect that he was distilling illicit liquor by means of working still in the area of village Rangruti Khera. On receipt of the information, ruqa, Ex. PB, was sent to the police station, on the basis of which formal F.I.R., Ex. PB/1, was recorded by ASI Chandgi Ram. Thereafter, the police party raided the forest area and the petitioner was found feeding the fire to the Working Still while under a bar tree. The working still was a dismantled drum containing 80 Kgs. lahan. Working still and other items were taken into possession. One nip was separated from the canny containing illicit liquor. Remaining liquor was transferred into 5 bottles. These were taken into possession vide recovery memo Ex. PA, attested by the witnesses. Rough site plan was also prepared of the place of recovery and the sealed samples were sent to the office of the Chemical Examiner, who vide report, Ex. PR, declared the contents as illicit liquor and on completion of the investigation, the petitioner was challaned under Section 61(1)(c) of the Act, in the court of the area Magistrate who supplied the copies of the documents and framed a charge under the said section against the petitioner. The charge was read over and explained to the petitioner, who pleaded not guilty and claimed trial.

(3.) I have heard Shri S.P.S. Parmar, Dy. D.A., Haryana, on behalf of the respondent and with his assistance have gone through the record of this case.