JAGSIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGSIR Singh-petitioner was tried and convicted for the offence under Section 61(1)(c) of the Punjab Excise Act. He was ordered to undergo rigorous imprisonment for one year and to pay a fine of Rs. 50,000/-, In default, to further rigorous imprisonment for three years. The appellate Court, after dismissing the appeal, had confirmed the conviction and sentence awarded to the petitioner. Hence, this criminal revision.

(2.) NONE had appeared on behalf of the petitioner though notice was issued to his counsel. I have heard Ms. Nihalsinghwala, learned Assistant Advocate General, Punjab, and also perused the record.

(3.) THE case of the prosecution is that a raid was conducted at the house of the accused in pursuance of the secret information received against him that he is distilling illicit liquor by means of a working still. The police party immediately raided his house and he was found feeding the fire. It has come in evidence that before conducting raid at the house of the accused, no independent witness of the locality as is required under Section 100(4) of the Code of Criminal Procedure was associated by the police party. No cogent reason is coming forth in not complying with the provisions of Section 100(4) of the Code of Criminal Procedure. The reasons recorded by the learned Additional Sessions Judge that in case the police had given air to the information and tried to join the independent witness from the village, there was a possibility of the accused running away from the scene of the occurrence, does not appear to be correct as it is certainly against the spirit of mandatory provisions of Section 100(4) of the Code of Criminal Procedure. Thus, the prosecution story is bound to fail on this short ground and the benefit of doubt must go to the accused. In the result, this revision petition is accepted and the petitioner is acquitted. Petition allowed.