STATE OF PUNJAB Vs. GURNAM SINGH

JUDGEMENT

(1.) ON 20th June, 1981 while standing on the canal bridge in the area of village Jandi tehsil Jagraon district Ludhiana, the police recovered from the accused Gurnam Singh on his personal search plastic container (Kenni) Exhibit P. 1 containing 18-1/4 bottles of illicit liquor therein.

(2.) ON being charged with the commission of offence under section 61 of the Panjab Excise Act, 1914, the accused pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated 6th November, 1982 learned trial court acquitted the accused. Feeling aggrieved from the judgment of acquittal aforesaid the State of Punjab has filed Criminal Appeal No. 439-DBA of 1983 in this court.

(3.) P .W. 2 Constable Amrik Singh No. 2195 states in cross-examination, "The spot is situated at a distance of 4 miles from the Police Station. Before we reached the spot (Amin Chand) had met us but we did not call him. We reached after having stopped at different places on the way. We stopped on the way for about 2 to 4 minutes at each place" Relevant sub sections (2) & (5) of Section 100 of the Code of Criminal Procedure, 1973 read :-