JAGTAR SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) JAGTAR Singh has filed this Revision Petition against the judgment dated 20.5.1985 recorded by Shri S. K. Chopra, learned Additional Sessions Judge, Hoshiarpur whereby appeal filed by Jagtar Singh against his conviction in a case under section 61(1)(c) of the Punjab Excise Act, was a dismissed and his conviction as well as the sentence imposed upon him was confirmed.

(2.) BRIEFLY stated the prosecution case was that on 1.1.1982 Police and Excise officials went to village Talwandi Dadian on receipt of general in- formation where several raid parties were formed. One of those parties was headed by Sub Inspector Harish Kumar and included Excise Inspector Satpal Singh. The party tried to join independent witnesses from the village but none agreed to be associated. On seeing the smoke coming out from the 'sarkundas' the party proceeded towards a water channel where illicit liquor was being distilled by the petitioner. He was apprehended still was cooled down and dismantled and articles of still were taken into possession, which included a drum boiler and another drum containing about 100 kilograms of 'lahan'. The contents of the drums were tested by Excise Inspector Satpal Singh who found the same to be lahan fully fermented fit for distillation. Lahan in the boiler drum was partially distilled. A case was got registered against the petitioner. After completion of the investigation the petitioner was tried for an offence under section 61(1)(c) of the Punjab Excise Act. After trial he was held guilty by Shri Charanjit Jawa, the learned Judicial Magistrate 1st Class, Dasuya vide his judgment dated 1.8.1984 and was sentenced to Undergo Rigorous Imprisonment for one year and to pay fine of Rs. 5000/-. In default in payment of fine he was further sentenced to undergo Rigorous Imprison for two months. Against this judgment recording his conviction an appeal was preferred which was dismissed. Hence this Revision Petition was filed.

(3.) FOR the foregoing reasons. I acquit the petitioner of the offence with which he was charged by giving him benefit of doubt. The judgment and order of conviction of the learned courts below are set aside. The amount of fine if paid be refunded to the petitioner. The Revision Petition is allowed accordingly. Petition allowed.