STATE OF PUNJAB Vs. BAGGA SINGH @ BAGGI

JUDGEMENT

(1.) BAGGA Singh, accused respondent, was apprehended by the Police Party headed by A.S.I. Kuldip Singh on 23.7.1984 at Bus stand Muktsar in the area of Jallalabad town, when he reached there from the side of village Falinwala and tried to slip away at the sight of the police party. The accused was found carrying a guny bag on his head, whcih in turn contained a rubber tube. The rubber tube was containing liquor. A sample of 375 mls. of liquour was separated and sealed while the remaining liquor measured 40 bottles and was retransferred in the same tube. All these articles were taken into possession vide seizure memo. Exhibit PA. A case under section 61 of the Punjab Excise Act, 1914 was got registered against the accused vide memo. Exhibit PB/1 on the basis of intimation Exhibit PB. The investigation also prepared rough site plan, Exhibit PC, besides recording statements of the witnessess. The sample of liquor was sent to the Chemical Examiner, who vide his report, Exhibit PD confirmed it to be illicit liquor. After the completion of investigation, the accused was arraigned for trial on such like allegation.

(2.) BEFORE the trial Court, in order to prove its case the prosecution examined A.S.I. Kuldip Singh (PW 1) and Head Constable Sarwan Singh (PW 2). The report Exhibit PD of the Chemical Examiner and formal evidence of Moharri Head Constable Daldev Singh and Constable Gurnam Singh was tendered on affidavits Exhibits PE and PF respectively.

(3.) FEELING aggrieved against the order of acquittal of the trial Court, the State has come up in appeal.