BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision is directed against the judgment dated 3rd August, 1996 passed by the learned Additional Sessions Judge, Amritsar whereby he dismissed the appeal against the judgment/order of sentence dated 1st October, 1994 rendered by the learned Judicial Magistrate Ist Class,--vide which he convicted and sentenced Baldev Singh alias Deva accused to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/-under Section 61(1)(c) of the Punjab Excise Act, 1914 (hereinafter to be referred as the Act) and in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) As set up by the prosecution, on 1st December, 1992 Sub Inspector Amrik Singh accompanied by other police officials went to village Gharakka, where he received information to the effect that Baldev Singh alias Deva accused in distilling illicit liquor by means of a working still on the bank of the river. On receipt of such information, the police party conducted raid at the said place, where the accused was found distilling illicit liqour by working a still. At that moment, he was feeding fire under the hearth. He was arrested at the spot. The working still was cooled down and dismantled. There was 200 kgs of 'lahan' in the boiler, whereas the receiver did contain 7500 mls of illicit liquor. The sample was drawn from the receiver. The remaining liquor after measurement was transferred into a can. The boiler, the sample and the can were sealed with the seal bearing letters A.S. These articles alongwith the component parts of the working still were seized,--vide memo. The seal after use was handed over to Constable Inderpal Singh. Ruqa was sent to the Police Station where on its basis formal FIR was registered. The rough site plan showing the place of recovery was drawn. The excise Inspector Baldew Singh was called at the spot. After testing the contents of the boiler, he vide his report opined that the same were partly distilled Tahan' fit for further distillation of illicit liquor. The charge-sheet was laid in the court of learned Haqa Magistrate for trial of the accused.

(3.) The accused was charged under Section 61(1)(c) of the Act to which he did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution examined Excise Inspector Baldev Singh (PW-1), Head Constable Inderpal Singh (PW-2), Sub Inspector Amrik Singh (PW-3) and Head Constable Narinder Singh (PW-4). When examined under Section 313 Cr. P.C. the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded false implication. However, he did not lead any evidence in his defence.