DILBAG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was tried by Shri Surinder Kumar, Judicial Magistrate I Class. Sirsa and was convicted for an offence under section 61(1)(c) of the Punjab, Excise Act and sentenced to rigorous imprisonment for one year and a fine of Rs. 2,000/- or in default further RI for three months. Appeal against that order was heared by Shri S.D. Arora, Additional Sessions Judge, Sirsa who vide his judgment dated 15-12-1989 dismissed the same. In the present revision, these orders have been challenged.

(2.) THE petitioner was sent up for trial on the basis that on 8-2-1985 a Police party consisting of HC Kamaljit Singh, HC Balbir Singh and other constables, was present at village Lakkarwali in connection with patrolling duty and excise checking. On receipt of secret information that the petitioner was working a still, a Ruqa was forwarded to the Police Station and the Police party itself carried out the raid. The Police party found that in the Sarson fields of Piara Singh, a still had been installed by the Petitioner and he was distilling illicit liquor. At the time of raid, he was changing water of the cooler. A plastic can containing 5-1/2 bottles of illicit liquor and a pitcher containing about 20 kg. of Lahan were found lying near the spot. The still was cooled down and dismantled Samples were drawn from the plastic can. The sample, plastic can and pitcher were separately sealed and recovery memo Ex. PA was prepared. Rough site plan Ex. PC was also prepared. Lahan was got tested from Excise Inspector Ram Singh. The sample was formally sent to the Chemical Examiner and his report Ex. PX was obtained.

(3.) THE petitioner denied the prosecution allegations. He, however, did not produce any defence.