GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Brief facts of the case are that Gurmej Singh (32) was tried by the Judicial Magistrate Pt Class, Amritsar, for an offence under section 61(1)(c) of the Punjab Excise Act, 1914. He was convicted by judgment dated January 10, 1985, and sentenced to Rigorous Imprisonment for 11/2 years and a fine of Rs. 5,000/- in default to a further Rigorous Imprisonment for six months. He preferred an appeal which was disposed of by the Additional Sessions Judge, Amritsar, on July 18,1985. His conviction was maintained and imprisonment was reduced to Rigorous Imprisonment for one year. The sentence of fine was maintained. In default he was directed to undergo further Rigorous Imprisonment for four months instead of six months awarded by the Trial Court. The present revision is directed against the order of the Additional Sessions Judge.

(2.) The prosecution case is that on August 15, 1982, a police party headed by ASI Richpal Singh was on patrol. The ASI received secret information, whereupon he sent ruqa to the police station on which a formal FIR Exhibit PC/i was registered. The Police party raided the house of the accused at village Timowal. The accused was found distilling illicit liquor. The apparatus was dismantled, cooled and taken into possession under necessary memo. The lahan which was being distilled was got tested from the Excise Inspector. It was certified to be Lahan fit for distillation.

(3.) At the trial, the prosecution examined the Excise Inspector Kanwaljit Singh PW-1. In order to prove the main part of the case, the prosecution relied on the testimony of ASI Rishpal Singh P.W3 and Constable Surjit Sing P.W.2. The plea of the accused was one of denial. He examined Baldev Singh D.W- 1 in defence.