STATE OF PUNJAB Vs. DEEPA MASIH

JUDGEMENT

(1.) ON the basis of secret information allegedly with him SI. Hoshiar Singh of Police Station Dhariwal in Gurdaspur district of Punjab State found the accused distilling illicit liquor by working a still in the fields of Nihal Chand in village Kaler Kalan almost around midnight on November 22, 1982. Recovery is supported by Investigating Officer Hoshiar Singh P.W, 1 and H. C. Narinder Singh P.W. 3 Excise Inspector Parshotam Dass P.W. 2 stood by his testing report of lahan Exhibit PD.

(2.) INDEPENDENT witness of the locality Jaswant Singh was not examined by the prosecution to support it case. While appearing in defence the witness gave a lie to the prosecution case and stated that nothing was recovered from the accused by the Investigating Agency in his presence and that S.I. Hoshiar Singh obtained his signatures on the recovery memo inside the precincts of Police Station, Dhariwal. D.W. 1 Gulzar Singh also stood by the version brought on record by Jaswant Singh and stated that the accused was arrested by the police from his native village Deepewal in his presence. Nihal Chand, owner of the field wherein still for distillation of illicit liquor was allegedly being worked by the accused was not joined in investigation at all. Upon these facts learned trial court recorded acquittal of the accused vide its impugned judgment dated May 3, 1984. Feeling aggrieved therefrom the State of Punjab has filed Criminal No. 526 DBA of 1984 in this court.

(3.) RELEVANT Section 100 of the Code of Criminal Procedure, 1973 reads :