SWARAN SINGH @ KAAN Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) ON 14th July, 1984 Assistant Sub-Inspector- Reshm Singh along with other police officials, while on patrol duty, received secret information that Swaran Singh revision petitioner was distilling illicit liquor by means of a working still near the bank of river, Beas. A 'ruka' was sent to the Police Station for registration of a case and the police party proceeded to the specified place where the petitioner was found distilling illicit liquor. He was captured. The still was cooled and dis-mantled and articles were seized which included one drum containing 100 kilograms of 'lahan' used as boiler. A sample was also taken from the receiver bottle. On return to the Police Station case property was deposited with M.H.C. In due course of time Excise Inspector tested the contents of the drum and found the same to be partially distilled 'lahan'. After completion of the investigation, the petitioner was tried for an offence under section 61 (1) (c) of the Punjab Excise Act by Shri M. S. Virdhi, Judicial Magistrate 1st Class, Batala. He was held guilty and was sentenced to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 5000/-. The judgment recording his conviction was assailed by the petitioner in an appeal which was dismissed by Shri A.C. Aggarwal, the learned Additional Sessions Judge, Gurdaspur. Conviction and sentence. of the petitioner was maintained vide judgment dated 15th May, 1586. It is against this judgment that the present Revision Petition has been filed.

(2.) I have heard Shri Sarjit Singh, learned counsel for the petitioner and Shri I.P.S. Sidhu, the learned Assistant Advocate General for the respondent and have perused the record.

(3.) ANOTHER discrepancy in the case of the prosecution is that the drum which was alleged to be used as boiler had holes and it could not contain any 'lahan'. It was not the case of the prosecution that the holes developed in the drum when it remained deposited in the Malkhana. The drum produced in the court was completely empty while when the Excise Inspector tested the contents of the drum he found it having about 100 kilograms of 'lahan.' Whole of the 'lahan' could not vanish within a short period nor the holes could occur in the drum. In the absence of any plausible explanation in that respect, the case against the petitioner could not be said to have been proved beyond doubt nor his conviction could be maintained in these circumstances on basis of police officials and Excise Inspector.