JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 22.8.1988 passed by the Additional Sessions Judge, Ludhiana, who dismissed the appeal of the petitioner against the judgment and order dated 23.5.1987 passed by the Court of Judicial Magistrate Ist Class, Jagraon, which convicted the petitioner and sentenced him to undergo RI for one year and to pay a fine of Rs. 5,000/-, or in default thereof, to further undergo RI for one year.

(2.) THE brief facts of the case are that on 1.5.1984 ASI Gurdev Singh and other police officials received a secret information at bus stand Litran that petitioner was distilling illicit liquor in his fields near the tubewell and could be apprehended red-handed. On receipt of the information ruqa was sent to Police Station Raikot. The Investigating Officer joined Harpal Singh Sarpanch of village Burj Hakiman in the police party and raided the fields where the petitioner was found feeling fire under the working still and was distilling illicit liquor. The working still was cooled down and dismantled. Sample was taken from the receiver plastic can and the same was sealed with the seal by the Investigating Officer. The drum which was being used as a boiler containing 50 kgs. of lahan was also sealed. The lahan was got tested from the Excise Inspector, who found the same to be partly distilled lahan fit for further distillation of illicit liquor. The components of the working still were taken into possession; rough site plan of the place of recovery was prepared and after completion of investigation, the petitioner was challaned under Section 61(1)(c) of the Excise Act.

(3.) IN order to prove the charge, the prosecution examined PW-1 ASI Gurdev Singh, PW-2 Exercise Inspector Rajinder Singh and PW-3 HC Amar Singh, Affidavits of formal witnesses were also tendered. The independent witness was given up by the prosecution as having been won over by the petitioner.