DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision has been directed against order of conviction and sentence recorded by Judicial Magistrate Ist Class, Zira dated January 19, 1988 holding petitioner guilty of an offence under Section 61(1)(c) of the Punjab Excise Act and sentencing him to undergo RI for a period of one year as also to pay fine of Rs. 5000/-, or in default thereof to further undergo RI for three months. The appeal preferred against this order of conviction and sentence before the learned Additional Sessions Judge, Ferozepur was dismissed vide order dated August 18, 1988.

(2.) Briefly stated, the prosecution case has been that on October 13, 1984 when ASI Gurnihal Singh along with other police officials reached near river bank in the revenue estate of village Kali Rouna on bicycles in connection with patrol duty, a secret information was received that petitioner was distiling illicit liquor by means of a working still in the revenue estate of village Wara Kalo Ronad and if a raid was conducted, the petitioner could be apprehended. On the basis of the information, an intimation was sent to the police station, upon which formal FIR was registered against the petitioner. The place so informed was raided. The petitioner was found distiling illicit liquor by means of a working still. He was apprehended while he was feeding the fire under the working still which was cooled down and dismantled. A drum boiler contained 80 Kgs. of Lahan. Receiver tin contained illicit liquor, out of which 375 milliliters was taken out as sample and the remaining contents, when measured, came to be two bottles. A tube containing illicit liquor was lying near the working still. From the tube also, 375 Mls. of illicit liquor was separated as sample and the remaining contents when measured came to be ninetynine and half-bottles. Ten drum, containing 150 Kgs. of lahan each were also lying. The samples, bottles, tube and drums were taken into possession and sealed with the seal bearing letters 'GS'.

(3.) In its endeavour to bring home the offence against the petitioner; prosecution examined Excise Inspector Harbax Singh as P.W.1, Constable Mohinder Singh as P.W.2, Gurnihal Singh ASI as P.W.3, HC Tara Singh as P.W.4 and Constable Avtar Singh as P.W.5. Report of Chemical Examiner Ex. PF and affidavits of formal witnesses Ex. PC and PD were also tendered into evidence.