BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case, in brief, is that on 25.7.84, ASI Mit Singh was in Police Station, Badhni Kalan. He received secret information that Bachan Singh accused was distilling illicit liquor by means of working still in his residential house nad that if timely raid was conducted at him, he could be caught while distilling illicit liquor. ASI Mit Singh recorded HR No. 99 Ex.PA at Police Station, Badhni Kalan. Then, he alongwith HC Baldev Singh, HC Suba Singh and constable Chain Singh left for the residential house of the accused. On the way, he joined Excise Inspector Balwinder Pal Singh. On arrival at village Bande, chowkidar Nazar Singh was joined. ASI Mit Singh etc. reached the house of the accused. Accused was found distilling illicit liquor by means of working still. Still was dismantled and its components were cooled down. FI Balwinder Pal Singh bested the contents of drum containing lahan, which was being used as boiler. From their taste colour and smell, he found the same to be lahan fully fermented and partially distilled. Excise Inspector gave test report Ex.PD. There was some liquor lying in the plastic can, which had fallen, there after having trickled through the plastic pipe after distillation. Out of the recovered liquor, 180 MLs was taken out as sample. Remaining liquor which measured two bottles was transferred in the same plastic can. The sample nip and plastic can containing liquor were sealed with the seal of ASI Mit Singh bearing impression MS. Drum boiler was also sealed at the spot. Drum boiler etc. were taken into possession vide memo Ex.PB attested by Excise Inspector Balwinder Pal Singh, HC Baldev Singh and Nazar Singh PW. Rough site plan Ex.PC was prepared at the spot with correct marginal notes. On return to the Police Station, ASI Mit Singh deposited the case property with MHC Gurbhej Singh, Sample nip was sent to the Chemical Examiner for chemical examination per Constable Swaran Singh, Chemical Examiner vide report Ex.PX found the same to be containing illicit liquor. After investigation, accused was challenged under Sec. 61(1 )(c) of the Punjab Excise Act.

(2.) Accused was charged by Judicial Magistrate 1st Class, Moga vide order dated 17.1.85 under Sec. 61(l)(c) of the Punjab Excise Act. Accused pleaded not guilty to the charge and claimed trial.

(3.) At the conclusion of the trial of the case. Judicial Magistrate 1st Class, Moga found the charge under Sec. 61(1 )(c) of the Punjab Excise Act proved against the accused. He, accordingly, convicted him thereunder and sentenced him to undergo RI for one year and to pay Fine of Rs. 5000.00. In default of payment of fine, he was sentenced to further undergo RI for 4 months vide order dated 5.2.1987.