SUSHIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The accused-Petitioner (herein referred as the accused1) has challenged the legality, propriety and correctness of the judgment dated 13.10.2005, passed by Sessions Judge, Rewari, dismissing his appeal against the judgment dated 20/21.08.2001, passed by Judicial Magistrate 1st Class, Rewari, convicting and sentencing him to undergo rigorous imprisonment for a period of 1=years and to pay a fine of Rs. 2,000/- under Section 61(1)(a) of the Punjab Excise Act, 1914 (for brevity 'the Act").

(2.) In nutshell, the allegations are that on 26.05.1996 when Head Constable Jawahar Singh alongwith other police officials was present on the turning of village Alawalpur, the accused while driving Maruti Car bearing registration No. DL-5C-6686 was seen coming. When he was signaled to stop, he tried to turn his car towards village Bhatsana but he was apprehended. Head Constable Jawahar Singh (herein referred as 'the Investigating Officer'), on search of the car, recovered three rubber tubes, containing illicit liquor. Out of the said liquor, a nip as sample was separated from each tube. On measurement of the remaining liquor, each tube was found to contain 99-3/4 bottles. Ruqa was sent to the police station on the basis of which case was registered and investigated.

(3.) On submission of the report under Section 173 Code of Criminal Procedure. in the Court, the accused was charged for the aforesaid offences to which he pleaded not guilty and claimed trial.