SANTA SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS is revision petition by Santa Singh. By Judgment, dated May 3, 1968, passed by Shri S. K. Dhir. Judicial Magistrate Ist Class, Ludhiana, he was convicted under Section 61(1) (c) of the Punjab Excise Act, 1914 and sentenced to rigorous imprisonment for six months and to pay fine of Rs. 10 or in default of payment of fine to further suffer rigorous imprisonment for one week. On appeal, his conviction and sentences were confirmed.

(2.) IN the forenoon on September 22 1965, in pursuance of secret information received, Uttam Singh, Assistant Sub -Inspector, posted in the Excise Staff, Ludhiana, organised a raid party to capture the Petitioner. Girdhari Lal, Excise Inspector and Kartar Singh joined that raid party. While the raid party was proceeding towards Gill Road, they Came across tied Petitioner near Gol Chakar. They saw him coming on a bicycle from the side of Gill Chowk. He was stopped. A gunny bag was found tied on the carrier of the bicycle. On opening the gunny bag, there was found a rubber tube containing liquor. A sample of the liquor was drawn out of the lot contained in the rubber tube. The remaining quantity of liquor was transferred to 20 bottles. Memo pertaining to the recovery of the tube Exhibit P. A , gunny bag Exhibit P. 2 and 20 bottles of liquor Exhibits P 3/ - to P. 3/20 is Exhibit P. A. The nip containing the sample was sent to the Chemical Examiner, By report Exhibit P. D., the Chemical Examiner gave the opinion that the liquor recovered was illicit liquor.

(3.) IN his statement under Section 342, Criminal Procedure Code, the Petitioner stated that he had been falsely implicated on account of enmity with the police. He produced in defence Kundan Singh D. W. 1 and Daulat Singh D. W 2 to prove that when the police came to his house and wanted to search it, he was already present there and no recovery of liquor had been effected from him near the Gol Chakar as alleged against him.