HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the order of Judicial Magistrate Ist Class, Muktsar dated 16th September, 1988 as. well as order dated 8th March, 1990 passed by learned Additional Sessions Judge, Faridkot, whereby the petitioner was convicted under Section 61 (1)(a) of the Punjab Excise Act and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-, in default of payment of fine he was further ordered to undergo rigorous imprisonment for three months.

(2.) IN brief facts relevant for the disposal of this petition are that on 23rd June, 1987 Head Constable Surinder Singh along with other police officials including constables Sukhdev Singh and Ranjit Singh was on patrol duty. As the police party reached at a distance of about one furlong from the bus stand of village Enna Khera, the petitioner was seen coming from the opposite side. On seeing the police party he turned back. On suspicion he was apprehended and from his personal search a tube which he was carrying on his head was recovered. Sample pint was drawn from the liquor from that tube and the remaining liquor contained 19-1/4 bottles. After measurement, the illicit liquor was again transferred in the same tube. Both the sample pint and the tube containing illicit liquor were separately sealed with the seal bearing initials 'SS' and taken into possession through seizure memo. After completion of THE investigation and on receipt of the report of the Chemical Examiner the petitioner was challaned, tried, convicted and sentenced as indicated above.

(3.) THE learned counsel for the parties were heard.