JANG SINGH ALIAS JANGI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case in brief is that on 4.1.83, HC Baldev Singh along with Balbir Singh and Constable Subeg Singh was going to village Jawaharewala from village Kalewala in connection with excise checking and when this police party headed by HC Baldev Singh reached a point 1 km. short of village Jawaharewala there was emission of smoke noticed by them from the grove of reeds near the water works. HC Baldev Singh and his party reached that point from where there was emission of smoke. Accused was found distilling illicit liquor by means of working still. At the time of raid, he was found feeding fire in the hearth of the still. Accused was arrested. Still was dismantled and its components were cooled down. A drum containing about 80 kgs. of lahan was lying on the hearth of the still which was being used as boiler. Another drum containing 200 kgs. lahan was lying near the working still. Liquor was trickling after distillation and slowly falling in the receiving pipa. A nip was taken out as sample out of the recovered liquor lying in the pipa. Remaining liquor was transferred in 3 bottles. Drum boiler, sample nip, bottles and this drum which was containing 200 kgs. of lahan were sealed with the seal bearing impression BS. Drum boiler etc. were taken into possession vide memo Ex.PA attested by Constable Subeg Singh and HC Balbir Singh. Ruqa Ex.PB was sent to the police station for the registration of case against the accused on the basis of which case FIR Ex.PB/1 was registered at PS Sadar Guruharsahai. Visual site plan Ex.PC was prepared at the spot with correct marginal notes. On return to the police station the same day, the case property was deposited with MHC Avtar Singh. On 5.1.83 at PS Guruharsahai, Excise Inspector tested the contents of drum boiler. From their taste, colour and smell the same were found lahan fully fermented and partially distilled. He tested the contents of the other drum. From their colour, smell and test, he found the same to fully fermented lahan fit for distillation of illicit liquor. He gave test report Ex. PD in this behalf to MHC Avtar Singh. Sample was sent to the chemical examiner for chemical examination. The chemical examiner reported vide report Ex.PE that the same contained liquor of illicit origin.

(2.) AFTER investigation, accused was challaned under section 61(1)(c) of the Punjab Excise Act. Accused was charged under section 61(1)(c) of the Punjab Excise Act by Judicial Magistrate First Class, Ferozepur vide order dated 24.2.1984. He pleaded not guilty to the charge and claimed trial.

(3.) STILL not satisfied, accused has come up in revision to this court.