MUKHTIAR SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner stands convicted and sentenced to one year's rigorous imprisonment and a fine of Rs. 5,000/ - in default of payment thereof, to further rigorous imprisonment for nine months under section 61(1)(c) of the Punjab Excise Act (hereinafter referred to as the Act).

(2.) THE petitioner has challenged the order of the lower appellate Court, which had dismissed his appeal and had sustained the conviction and sentence, on the ground that, despite the fact it was mentioned in the grounds of anneal that part of the case property, i.e. the lahan was not produced in Court and that the tin which contained it and which was sealed was produced in an empty state, and without seal and without bearing any chit, the learned Sessions Judge, Amritsar, did not deal with the point in his judgment.

(3.) IT is true that the learned Sessions Judge did not specifically mention the contention of the appellant in his judgment but paragraph 8 thereof, which is in the following terms, appears to deal with the case in its proper perspective : - -