DARSHAN SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) DARSHAN Singh Petitioner was challaned, under Section 61(1)(c) of the Punjab Excise Act, 1914 (Punjab Act 1 of 1914), hereinafter referred to as the Excise Act. He was found guilty of the charge by the trial Magistrate and consequently was convicted under Section 61(1)(c) of the Excise Act and was awarded sentence of nine months' rigorous imprisonment and a fine of Rs. 200 and in default of payment of fine to further undergo rigorous imprisonment for three months. He was also required to furnish bond with one surety in the amount of Rs. 1,000 covering a period of one year after his release from prison under Section 69(a) of the Excise Act. An appeal to the Additional Sessions Judge, Ludhiana, at the instance of the Petitioner against his conviction and sentence also failed and hence this revision petition. Criminal Revision No. 786 of 1970 was also ordered to be heard along with the present revision, as a common question of law and fact is involved in them. Therefore, this judgment will dispose of both of these revisions.

(2.) THE Petitioner challenged his conviction and sentence on many grounds but the admitting Bench admitted this revision petition only on grounds Nos. 1, 2 and 3 which run as under:

(3.) TAKING the second contention of the learned Counsel for the Petitioner first, we are of the view that there is no substance in the same. The learned Counsel, in support of this contention, has placed reliance on the following observations of Austhana, J., who delivered the Division Bench judgment in Ganga Din v. State, I.L.R. 1955 All. 205.