MAKHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 19.3.1983, police party headed by SI Daulat Ram was present at bus stand Baba Ladana in connection with patrolling and excise checking. There he received secret information that Makhan Singh son of Bhagwan Singh of village Manjhla was distilling illicit liquor by means of working still in his residential house and that if timely raid was conducted at him, he could be caught distilling illicit liquor by means of working still. On this information, SI Daulat Ram drafted ruqa Ex.PE and sent the same to PS Sadar Kaithal on the basis of which case FIR No. 125 was registered against the accused. Thereafter, the police party left for the house of the accused. Accused was found available at his house distilling illicit liquor by means of working still. At the time of raid, he was found feeding fire in the hearth of the still. Still was dismantled and its components were cooled. One drum containing 60 kgs. of lahan was lying on the hearth of the still which was being used as boiler. One bottle which was being used as receiver was found to contain illicit liquor. Nip measuring 180 ml. was taken out as sample. The sample nip and the bottle were sealed. Accused was taken into custody and interrogated. Accused got recovered two drums each containing 80 kgs. of lahan lying concealed/buried in the courtyard of his house. Excise Inspector tested the contests of drum boiler at the spot from their taste, colour and smell. He found the same to be fully fermented and partially distilled lahan. He gave test report vide Ex.PD. He tested the contents of the remaining two drums. From their taste, colour and smell he found the same to be lahan fully fermented. He gave test report Ex.PE. SI Daulat Ram took into possession the components of the working still vide memo Ex.PA attested by the PWs. He took into possessions two drums containing lahan vide memo Ex.PD attested by the witnesses. Visual site plan Ex.PF was prepared at the spot with correct marginal notes. On return to the police station, SI Daulat Ram deposited the case property with MHC Ram Kumar. Sample was sent to the chemical examiner for chemical examination. Chemical examiner reported vide report Ex.PZ that the same contained liquor of illicit origin.

(2.) AFTER investigation, accused was challaned. He was charged under Section 61(1)(c) of the Punjab Excise Act by Judicial Magistrate First Class, Kaithal. Accused pleaded not guilty to the charge and claimed trial. On the conclusion of the trial, Judicial Magistrate First Class, Kaithal found the charge under Section 61(1)(c) of the Punjab Excise Act proved against the accused. He accordingly convicted him and sentenced him to undergo RI for 8 months and to pay fine of Rs. 2,000/-, in default of payment of fine to undergo further RI for 2 months vide order dated 1.6.87. Makhan Singh went in appeal to the Court of Session. Learned Sessions Judge, Kurukshetra dismissed the appeal vide order dated 20.3.1988.

(3.) IN this case, since SI Daulat Ram appears to be suffering from the vice of being overzealous. I think it would not be safe to interfere with the liberty of the accused on his testimony and that of Excise Inspector Ram Kumar who is equally interested in the success of the case.