SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHAMSHER Singh was tried for an offence under Section 61(l)(c) of the Punjab Excise Act. He was held guilty by Sh. B.J. Nangali, Judicial Magistrate 1st Class, Zira and was sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 5000/- Against the judgment recording his conviction Sham - Singh filed an appeal which was dismissed by Shri R.L. Anand, Additional Sessions Judge, Ferozepur, vide his judgment dated 28.8.1986 after sentence of imprisonment was reduced to one year. These judgments are assailed by Shamsher Singh in this revision petition.

(2.) THE prosecution case against the petitioner was that on 31.3.1983 Head Constable Santokh Singh was going towards village Basti Bhoru along with other police officials when within the revenue estate of village Ghumyariwala he noticed smoke rising from the side of canal minor. On suspicion that place was raided and the petitioner was apprehended while he was distilling illicit liquor by working a still. The still was cooled down and dismantled and articles of still were taken into possession, which included a drum used as a boiler. The liquor lying in the receiver tin was transferred into three bottles after a sample was seized. Another drum containing 200 kilograms of Lahan which was lying near the working still was also seized. A case was got registered against the petitioner. Lahan in the drums was got tested from Excise Inspector. The sample was sent to the Chemical Examiner who sent his report Ex. PE.

(3.) AT trial the contention of the petitioner was that he had a dispute regarding 20 killas of land with one Ajmer Singh and security proceedings had been initiated against him and Ajmer Singh as well. He was later on falsely involved in this case. One Witness was examined by him in his defence.