HARBHAJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HARBHAJAN Singh was convicted of an offence under Section 61(1)(c) of the Punjab Excise Act by the Court of Shri Inderjit Mehta, JMIC. Panipat and sentenced to undergo RI for six months and a fine of Rs. 500/- and in default of payment thereof, to further undergo two months' imprisonment, for having worked on a still for distilling illicit liquor. An appeal referred by the petitioner was heard by Shri B.R. Gupta, Additional Sessions Judge, Karnal and vide judgment dated 5.6.1985 the same was dismissed. The petitioner has now come up in revision, against the judgment, to this court.

(2.) THE brief facts leading to the prosecution of the petitioner may be stated. On 11.5.1984, ASI Ramji Lal along with two constables was on patrol duty and excise checking when he received secret information that the petitioner was distilling illicit liquor and could be apprehended. He sent Ruqa, Ex. PB to the police station and formal FIR, Ex. PB/1 was registered. He then carried a raid and the petitioner was found having fixed a still and distilling illicit liquor.

(3.) THE prosecution relied on affidavits of HC Om Parkash, Ex. PF and HC Ram Mohan, Ex. PG. I, however, find that both the affidavits are not properly sworn. The deponent had to verify as to which part of the affidavit was true to his knowledge and as to which part on the basis of information received . In Harjeet Singh v. State of Haryana, 1987(2) Recent CR 217, Ujagar Singh, J. as his Lordship then was while dealing with similar situation, observed as follows :-