GURMUKH SINGH ALIAS GOMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURMUKH Singh alias Gomi, revision petitioner was tried before Shri L.R. Roojam, Judicial Magistrate I Clases, Dasuva, for offence under section 61(1)(c) of the Punjab Excise Act (for short the Act) for having worked a still for distilling illicit liquor and under section 61(1) (a) of the Act for having kept in his possession one drum containing to kgs of Lahan fit for distillation. He was convicted for both the offences and awarded sentences as under : For the first count, rigorous imprisonment for one year and fine of Rs. 5000/- or in default thereof, further RI for three months, and For the second count, RI for six months and to pay a fine of Rs. 1000/- or in default thereof, further RI for three months. Appeal against the order of conviction and sentence was heard by Shri S. K. Chopra, Additional Sessions Judge, Hoshiarpur who accepted the same under section 61(i)(a) of the Act and acquitted him of the charge, but dismissed the appeal with respect of the offence under section 61(1)(c) of the Act by affirming the order of conviction and sentence,

(2.) ACCORDING to the prosecution version on 28-2-1983 a Police contingent of Head Constable Inderjit Singh, Constables Ram Pai, Ram Singh and Gurcharan Singh etc. under the overall supervision of Sub-Inspector Sohan Lal had gone to village Tahli, for excise checking. There two separate parties were formed. One raiding party of Constables Ram Singh, Ram Pal and Gurcharan Singh under the charge of Head Constable Inderjit Singh left for Mand area. They found smoke emerging out of the wild growth, along the river embankment. The party surprised the petitioner and found him working a still and distilling liquor. The still was cooled and its components were taken into possession. A sample was drawn from the illicit liquor and was separately sealed. The remaining liquor and the boiler drum sealed and recovery memo Ex. PA was prepared A case was got registered by means of Ruqa Ex. PD.

(3.) THE prosecution examined PW I HC Inderjit Singh and Constable Ram Pal (PW2) to prove recovery and Excise Inspector Satpal Singh (PW3) to prove the contents of the boiler drum and the other recovered drum. The plea of the petitioner was of false implication.