JARNAIL SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution story in brief is that on January 21, 1976, A.S.I. Pritam Singh (P.W. 3) while posted in Police Station Saddar, Batala, had gone to village Bhagowal for excise raid. Some officials and Mohan Singh peon of the Excise Department, were with him. On reaching village, the respectable persons were summoned but no one joined the party. Jarnail Singh petitioner was found present at his dera. On interrogation the accused disclosed that he had kept buried four drums of lahan along the parliana of his sugar -cane crusher ; that about which he had the knowledge and that he could get the same recovered. Thereafter, Jarnail Singh got received 4 drums, each containing 150 kgs of lahan from under the earth. The drums, which are Exhibits P. 1 to P. 4, were sealed and taken into possession, after preparing recovery memo Exhibit PD Pritam Singh (P.W. 3) also sent ruqa Exhibit PD to the police station, on the basis of which formal first information report Exhibit PD/1 was recorded. The drums were brought in the limits of village Bhagowal, where Amar Chand Excise Inspector (P.W. 1) tested the same on the same day after breaking the seals. He found the contents of the four drums to be lahan which was duly fermented and fit for distilling illicit liquor, vide his report Exhibit PA. After necessary investigation the accused was charge -sheeted.

(2.) THE accused when examined under Section 313 of the Code of Criminal Procedure, denied the prosecution allegations and pleaded that he had a dispute with A.S.I. Pritam Singh (P.W. 3) at the time the latter was conducting the search. Pritam Singh took four empty drums from some uninhabited place and planted them on him. He further stated that he is joint with his sons and their dera was joint.

(3.) THE accused filed an appeal which was heard by Mr. H.S. Bakhshi, Additional Sessions, Judge, Gurdaspur, who dismissed the same. Feeling aggrieved, the accused has come to this Court in revision.