BILLU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailed in this petition is the judgment dated 14.9.2004 passed by the learned Additional Sessions Judge, Ferozepur, dismissing the appeal filed by the accused-petitioner Billu Singh against the judgment dated 11.8.2001 passed by the Chief Judicial Magistrate, Ferozepur, convicting and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs. 5000/- under Section 61(1)(C) of the Punjab Excise Act (herein referred as 'the Act')

(2.) Brief resume of facts is that on 26.7.1997, ASI Bhajan Singh along with other police officials was proceeding from village Ferozeshah Dhindsa to Ittan Wali, in a private jeep, in connection with patrolling. When he reached near the bus stop of village Ferozeshah, he received a secret information with regard to running of working still by the accused. At this, ruqa was sent to the police station, on the basis of which formal FIR was registered. ASI Bhajan Singh raided the house of the accused and caught him while distilling illicit liquor by way of working still. The working still was dismantled and cooled down and the articles deployed in the working still including drum, containing about 15 kgs of lahan, so also the silver container containing illicit liquor which on measurement came to be 4 bottles were recovered. A sample nip was also drawn and sent to the Chemical Examiner. Statements of the witnesses were recorded and completion of the investigation was followed by a report under Section 173 Cr.P.C.

(3.) The accused was charged under Section 61(1)(C) of the Act to which he pleaded not guilty and opted to contest.