ANOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been directed against the order of Judicial Magistrate Ist Class, Muktsar, dated 21.8.1986, vide which petitioner herein was held guilty for an offence punishable under Section 61(1)(c) of the Punjab Excise Act, 1914 and was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 5,000/- and in default thereof to further undergo rigorous imprisonment for four months as also the order passed by the learned Additional Sessions Judge, Faridkot, dated 1.10.1987, vide which appeal preferred by the petitioner against the order dated 21.8.1986 was dismissed.

(2.) IN brief, the case of the prosecution has been that on 2.1.1985, a police party headed by Head Constable Balwant Singh was present near the school of village Midda in connection with excise checking while on patrol duty. Head Constable Balwant Singh received secret information to the effect that the petitioner was distilling illicit liquor by means of a working still in his fields and he could be apprehended on conducting a raid. Ruqa Ex.PA was sent to Police Station Sadar Malout on the information, as mentioned above, on the basis of which formal FIR Ex.PA/1 was recorded. Police party thereafter raided the fields of the petitioner, who was found distilling illicit liquor by installing a working still. Drum Ex.P1 containing about 100 Kgs. of lahan was being used as a boiler, whereupon, pitcher Ex.P2 had been placed. There was a hole on one side of the pitcher wherein plastic tube Ex.P3 had been fitted, the other end of which was fitted in the receiver tin Ex.P4. The receiver was found to contain illicit liquor. After taking out a quarter as a sample, the remaining quantity of illicit liquor contained in the receiver tin was poured into two bottles Ex.P5 and Ex.P6. Another drum containing about 100 kgs. of lahan, besides a match box, was found laying near the working still, which too was taken into possession along with the tube Ex.P8 and tin Ex.P9. The sample nip and the bottles Ex.P5 and Ex.P6, besides the drum builder and the other drum, were sealed with the seal of Head Constable Balwant Singh bearing impression 'BS' and were taken into possession vide recovery memo. Ex.PB. Specimen of seal impression Ex.P1 was prepared and thereafter the seal was handed over to Head Constable Tarsem Singh. On return to the police station, the case property was deposited with M.H.C. Gurbachan Singh with seals intact. On receipt of the report of Public Analyst-cum- Assistant Chemical Examiner and after seeking the opinion of Excise Inspector Gora Lal Sharma, the petitioner was challaned under Section 61(1)(c) of the Punjab Excise Act, 1914.

(3.) WHEN examined under Section 313 of Code of Criminal Procedure, the petitioner denied the incriminating material put to him and pleaded that he had been falsely implicated. In this defence, he examined Jagir Singh DW1 and Constable Sukhdev Singh DW2.