KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted under Section 61(1)(a) of the Punjab Excise Act by the learned Judicial Magistrate Ist Class, Moga, on February 7, 1990, and sentenced to one year's rigorous imprisonment and a fine of Rs. 1,000/-. In default of payment of fine, he was further sentenced to three months rigorous imprisonment.

(2.) THE case against the petitioner was that on May 28, 1986, he was intercepted by a police party comprising Head Constable Pawan Kumar and two constables and on suspicion his search was conducted. He was Found carrying a rubber tube which contained 100 battles of 750 Mls. of liquor. On testing, the sample revealed that it was liquor of illicit origin.

(3.) THE revision was admitted with regard to sentence only.