SALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case, in brief, is that on 28.8.85 police party was on excise checking on cycles from Ajnala to Kharwal headed by HC Bawa Singh, Police party was consisting of Constables Kashmir Singh, Tarlok Singh, Shabeg Singh and Som Raj etc. Besides there were some members of the Excise staff with them. When the police party reached near village Granthgarh, HC Bawa Singh received secret information that Mst. Bholi alias Gurmeet widow of Rattan, Caste Rai Sikh and Salwinder Singh son of Bagga, Caste Rai Sikh, residents of village Khanwal were distilling illicit liquor by means of working still in the house of Mst. Bholi and if timely raid was conducted at them, they could be caught while distilling illicit liquor by means of working still. On receipt of secret information, HC Bawa Singh accompanied by Constable Kahsmir Singh etc. reached the house of Mst. Bholi. On the way, he tried to join some respectable witness but none was available. When they reached the house of Bholi, they found Bholi and Salwinder Singh distilling illicit liquor by means of working still, Bholi was changing the water of the cooler. Salwinder Singh was feeding fire in the hearth of the still. Working still was dismantled and cooled. Components of the working still were taken into possession. Drum containing lahan weighing 100 Kgs. was lying on the hearth of the still. It was being used as boiler. On chhakala was put on the drum beneath which, there was a big hole. There was small hole on its side. A disc was put on the chhakala, which was having hole on its side. In the side hole of disc one end of the plastic pipe was fitted and it was passing through the side hole of the chhakala which was fitted in the receiving can from its other end. Liquor was trickling through the plastic pipe after distillation and falling in the receiving can. One Patila was being used as cooler and put on the chhakala. There was a tin dibba lying near the hearth, which was being used for changing the water of the cooler. A tin was also lying there. 180 MLs of illicit liquor was taken out as sample. Remaining liquor was transferred into 5 bottles. Sample nip, bottles and the drum boiler were sealed with seal of HC Bawa Singh bearing impression BS. Seal after use was handed over to C. Gurwant Singh. On return to the police station, the components of the still Ex. P1 to P14 were deposited with MHC Rattan Singh. On 30.8.85, Excise Inspector Niranjan Singh tested the contents of the drum boiler. From their taste, colour and smell, he found the some to be fully fermented lahan and partially distilled lahan, out of which some liquor had been distilled and some liquor could be still distilled. He gave test Ex. PA in this behalf. Sample nip was sent to the Chemical Examiner for chemical analysis who found the same to be illicit liquor. After investigation, accused was challaned under Section 61(1)(c) of the Punjab Excise Act.

(2.) ACCUSED were charged under Section 61(1)(c) of the Punjab Excise Act by Judicial Magistrate Ist Class, Ajnala vide order dated 8.8.86. Accused pleaded not guilty and claimed trial.

(3.) SALWINDER Sigh and Bholi went in appeal, which was dismissed by Additional Sessions Judge, Amritsar vide order dated 13.5.88 so far as conviction is concerned. Qua Salwinder Singh, he dismissed the appeal as regards sentence also. Qua Bholi, he modified the sentence and ordered her release on probation of good conduct.