ACHHAR SINGH Vs. THE STATE

JUDGEMENT

(1.) Achhar Singh aged 50 years of village Kot Mujlas district Gurdaspur, was convicted under Sec. 61(1)(a) read with Sec. 68 -A of the Punjab Excise Act and sentenced to one year's rigorous imprisonment and payment of a fine of Rs. 10/ - or in default to undergo rigorous imprisonment for a further period of one week. His appeal before the learned Additional Sessions Judge, Gurdaspur, remained unsuccessful. He has come up in revision against this order. The charge against him was that he on or about the 7th September, 1960, at Kot Mujlas, possessed an adhia containing 13 onces of illicit liquor knowing the same to be of illicit origin, and further that he before the commission of the said offence had once been convicted by the Magistrate 1st Class, Batala, on 26th March, 1954, under Sec. 61 of the Punjab Excise Act, and sentenced to one year's rigorous imprisonment, which on appeal was reduced to six months' rigorous imprisonment and that this conviction was still in force.

(2.) The prosecution alleged that Ujjagar Singh, Sub Inspector of Police (P.W. 4), accompanied with Shangara Singh (P.W. 3) of Batala and Dalbir Singh lambardar of Kot Mujlas, went to the house of the accused -petitioner and interrogated him, as a result of which he got recovered an adhia containing liquor from the sarkanas located within his haveli. The contents of adhia on examination by the Chemical Examiner were found to be liquor of illicit origin.

(3.) The accused pleaded not guilty to the charge and added that he had been involved in a false case.