GURVEL SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) GURVEL Singh revision petitioner has preferred this revision against the order dated 6-3-1986 passed by the Additional Sessions Judge, Amritsar in appeal affirming the order of conviction and sentence of the petitioner recorded by the learned Judicial Magistrate I Class, vide order dated 17-10-1985, awarding sentence of one year RI and a fine of Rs. 5,000/- or in default, further RI for 6 months, in a case under Section 61(1)(c) of the Punjab Excise Act.

(2.) THE petitioner was tried by Sh. Dharam Singh, Judicial Magistrate I Class, Amritsar on the allegations that on 20-1-1983 a Police party headed by HC Sukhdev Singh, consisting of three constables, Kashmir Singh, Karam Singh and Baldev Singh, was present in the area of Gehri Mandi in connection with patorl duty secret information was received by the HC that the petitioner was working a still and distilling illicit liquor within the residential area. The HC recorded a Ruqa, Ex. PB and forwarded it to Police Station per Constable Baldev Singh. FIR was recorded by ASI Baljit Singh. The HC, with his associates, conducted a raid on the residential house of the petitioner. The petitioner was found to have fixed a still and he was distilling illicit liquor. At the relevant time, he was feeding fire. The still was cooled down and dismantled. From the distilled liquor, a sample of 180 ml was drawn. The sample and the remaining liquor were separately sealed. Boiler drum Ex. P I was also taken into possession. Contents of the drum were affirmed by the Excise Inspector to be partially distilled Lahan and fit for further distillation, The Chemical Examiner affirmed the contents of the sample to be illicit liquor.

(3.) THE petitioner denied the prosecution allegations and also led defence.