KALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kala Singh - petitioner has assailed the judgment dated 6.9.2005 passed by the Additional Sessions Judge, Moga, whereby, his appeal against the judgment dated 14.10.2004 passed by Judicial Magistrate Ist Class, Moga, convicting him under Section 61(1)(c) of the Punjab Excise Act, 1914 (herein for short 'the Act') and sentencing to undergo rigorous imprisonment for one year and to pay fine of Rs. 5,000/-, was dismissed.

(2.) In nutshell, the facts are that on 20.09.1999 HC Sukhwinder Singh (herein referred as the Investigating Officer) along with other police officials was patrolling village Nurpur Hakima, where he received secret information that the accused was in habit of distilling and selling illicit liquor and if a raid is conducted, then huge quantity of Lahan, a working still and illicit liquor could be recovered. Believing the information to be reliable, a ruqa was sent through PHG Nishan Singh to the police station for registration of a case. The Investigating Officer raided at the disclosed place and caught the accused while operating the working still and distilling illicit liquor. The Investigating Officer apprehended the accused; took the case property into possession; recorded the statements of the witnesses and on receiving the reports of the Excise Inspector Ex.PD and the Chemical Examiner Ex.PA, and also completing all other necessary formalities, the report under Section 173 of the Code of Criminal Procedure was presented against the accused.

(3.) The petitioner was charged under Section 61(1)(c) of the Excise Act, to which he pleaded not guilty and claimed trial.