MUKHTIAR SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) MUKHTIAR Singh petitioner was convicted under section 61(1)(c) of the Punjab Excise Act for distilling illicit liquor by means of a working still at Chhanna Sher Singh in the area of village Talwandi Chaudhrian and was sentenced to 1 1/2 years rigorous imprisonment and a fine of Rs. 5,000/ - in default to undergo, rigorous imprisonment for one year by the Judicial Magistrate 1st Class, Sultanpur Lodhi, on 27th February, 1978. On appeal, the learned Sessions Judge, Kapurthala upheld his conviction but reduced his sentence of imprisonment to one year maintaining the sentence of fine with its default clause. He has now come up by way of revision.

(2.) THE case of prosecution is that on 13th July, 1976, Jaswant Singh, Head Constable along with Dev Raj, Excise Inspector and other police officials was present for excise checking at the Bus Stand, Talwandi Chaudhrian when the Head Constable received secret information that the petitioner was distilling illicit liquor by means of a working still in the area of village Talwandi Chaudhrian. The Head Constable sent ruqa Ex. P.C. to the Police Station for the registration of the case. Kabal Singh was cooped as a witness and the raiding party proceeded to the spot. The petitioner was found working a still. The working still was dismantled. Drum Ex. P1. which was being used as a boiler, contained 125 Kgs. of lahan. A sample was taken out of the same The contents of the drum, Ex. P1. were tested by the Excise Inspector at the spot and vide his report Ex. P.B. he found the same to be lahan fit for distillation of illicit liquor. After completing all the formalities, the case property was taken into possession. After necessary investigation, the petitioner was challaned, convicted and sentenced as above.

(3.) FOR the reasons stated above, I accept this revision petition and set aside the conviction and sentence of the petitioner and acquit him. The petitioner is on bail. His bail bonds stand discharged. Fine, if paid, shall be refunded to him.