BAKHSHISH SINGH ALIAS BISHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition by Bakhshish Singh @ Bisha, petitioner- accused, is directed against the judgment dated 22.1.2010 passed by Additional Sessions Judge, Moga, vide which he dismissed the appeal preferred against the judgment dated 16.9.2008 passed by Judicial Magistrate Ist Class, Moga, vide which he sentenced the accused for the offence under Section 61(1)(c) of the Punjab Excise Act, 1914 (hereinafter referred to as "the Act"), and sentenced him to under go rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/-and in default thereof to further under go rigorous imprisonment for a period of one month.

(2.) Briefly stated, the prosecution case is that on 11.6.2003, Kuldip Kumar, HC, PW-5, along with other police officials, was present in Chowk Bhagat Singh, Baghapurana, where he received a secret information against the accused. He conducted raid on the house of the accused, where he was found distilling illicit liquor with the help of a working still, the same was cooled and was dismantled. 50Kgs of lahan was found in the (itatis)drum/boiler whereas 100 ml. Illicit liqour was found in the bottle, which was being used as the receiver. One plastic container containing five bottles of illicit liquor was found lying by the side of the working still. Sample of 180 mls of illicit liquor was taken and the said bottle, the sample, container and drum of lahan were sealed by the Investigating Officer and were, taken, along with other components of the working still, into possession by him. The Investigating Officer sent ruqa to the police station, on the basis of which formal FIR was registered against the accused. He also prepared the rough site plan of the place of recovery and on coming back to the police station deposited the case property with the MHC. The samples were sent to the Chemical Examiner, who after analysis found that those contained illicit liquor. Parkash Chand, Excise Inspector, tested the contents of the drum, which were found to be fully fermented lahan from which some illicit liquor had already been distilled. After completion of the investigation, challan was put in before the Judicial Magistrate Ist Class for the trial of the accused.

(3.) On the basis of the documents sent along with the police report, sufficient grounds were found by the Judicial Magistrate Ist Class for presuming that the accused committed the offence punishable under Section 16(1)(c) of the Act. He was charged accordingly, to which he pleaded not guilty and claimed trial.