KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner-accused, Krishan Kumar, having been convicted and sentenced for the offence under Section 61(1)(a) of the Punjab Excise Act, 1914(hereinafter referred to as "the Act") by SDJM. Loharu, vide judgment dated 1.4.2002, which was maintained in the appeal by the Additional Sessions Judge, (Ad hoc) Fast Track Court, Bhiwani, vide judgment dated 3.10.2005, has preferred the present revision against that conviction and sentence.

(2.) On 5.3.1997, Mehar Singh SI, PW-4, along with Jai Singh, Constable, PW-2, and other police officials, was present in the area of Town Loharu, when he received a secret information that the accused was selling the liquor in pouches by keeping the same in a Khudi (a small room meant for keeping hens and birds etc.) of his house and in case, a raid was conducted those pouches of liquor could be recovered from his possession. The SI tried to join witnesses from the public for constituting the raiding party but failed to do so. Thereafter, he along with other police officials, conducted a raid, at the Khudi, abutting the house of the accused. The accused was seen coming out of the same holding one plastic bag in his hand. On seeing the police party, he left that bag at the gate of the Khudi and tried to run away from the spot. He was apprehended by this police party. When the search was taken, three such bags were found lying at the gate of the Khudi. Two of the bags were found to contain 100 pouches whereas the third bag was found to contain 85 pouches of country made liquor make 50 UP 200 ml. One pouch each was taken out of each of those bags as samples and were sealed by the SI with his seal "MS". The remaining pouches were sealed in the same bags with the help of the same seal. The case property was taken into possession, vide memo Ex. PC. The SI sent his ruqa, Ex. PA, to the police station and on the basis thereof, formal FIR, Ex. PB, was recorded against the accused by Shri Bhagwan, MHC. On coming back to the police station, the SI deposited the case property with the said MHC. Out of that case property, the sample pouches were sent to the Chemical Examiner on 11.3.1997 through Sajjan Singh, Constable, PW-3 and were delivered at that place with seals intact. After analysis, it was reported by the Chemical Examiner, vide his report, Ex. PX, that the same contained liquor. After completion of the investigation, the challan was put in before SDJM, Loharu, who found sufficient grounds for presuming that the accused committed offence punishable under Section 61(1) of the Act. He was charged accordingly, to which he pleaded not guilty and claimed trial. To prove the guilt of the accused, prosecution examined Shri Bhagwan HC, PW 1, Jai Singh, Constable, PW-2,Sajjan Singh, Constable, PW-3 and Mehar Singh, PW-4. After the close of the prosecution evidence, the accused was examined and his statement was recorded under Section 313 Cr.P.C. The incriminating circumstances appearing against him in the prosecution evidence were put to him in order to enable him to explain the same. He denied all those circumstances and pleaded his innocence and false implication. He was called upon to enter on his defence but he did not produce any evidence in his defence. After hearing the Assistant Public Prosecutor for the State and learned defence counsel for the accused, learned SDJM, Loharu, convicted him for the offence under Section 61(1) of the Act and sentenced him to undergo rigorous imprisonment for a period of 1 = years and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo imprisonment for a period of two months. In the appeal preferred by the accused, the conviction was maintained but the sentence of imprisonment was reduced to six months.

(3.) I have heard learned counsel for both the sides.