RAJINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE above referred Criminal Revisions have been preferred against the judgment dated 23.2.2005 passed by the Additional Sessions Judge, Patiala, vide which he dismissed the appeals preferred by the Petitioners/accused; namely, Rajinder Singh, Joginder Pal Singh, Subhash Chand and Balraj Singh, against the judgment dated 31.8.2002 passed by JMIC, Samana, convicting the accused for the offence under Section 61(1)(a) of the Punjab Excise Act, 1914 (hereinafter referred to as 'the Act') and sentencing them to undergo rigorous imprisonment for a period of six months and to pay fine of 1,000/ -each and in default thereof to further undergo rigorous imprisonment for a period of one month.

(2.) BRIEFLY stated, the facts are that on 26.4.1997, Mohinder Singh ASI (PW -6), alongwith other police officials, was holding a nakabandi (picketing) on the tri -section of village Arno. At about 5.10 p.m. one Van make Maruti bearing No. DNA 3919 came with full speed from the side of village Tharua, which was stopped on the ground of suspicion. The same was being driven by Rajinder Singh, whereas the other accused were sitting on the rear seat thereof. When the search was taken by the said ASI, three plastic bags were recovered lying near the feet of those accused and each of that bag was found to contain pouches of capacity of 180 ml, containing country made liquor, make Patiala Rose. They could not produce any permit or licence for keeping that liquor in their possession. One pouch each was taken out of those three bags as samples, which were sealed by the ASI with the seal of 'MS', and, after preparation of the specimen seal was handed over to Rajbir Singh Constable. These samples and other pouches were taken into possession, vide memos Exs. PA, PB and PC. The ASI sent his ruqa Ex. PD to the Police Station through C. Kaka Singh and on the basis thereof formal FIR Ex. PE was recorded. On coming to the police station, the ASI deposited the case property with Swaranjit Singh MHC (PW4). The samples were sent to the Chemical Examiner and were found to contain country made liquor.

(3.) AFTER the close of the prosecution evidence, accused were examined by the trial court and their statements were recorded under Section 313 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). All the incriminating circumstances appearing against them in the prosecution evidence were put to them in order to enable them to explain the same. They denied all those circumstances and pleaded their false implication. When they were called upon to enter on their defence, they examined C. Mehal Singh (DW -1) and Mai Ram (DW -2), in their defence.