STATE OF PUNJAB Vs. GURDIAL SINGH

JUDGEMENT

(1.) ON 28-1-1984, ASI Kartar Singh (PW-3) along with his subordinate Police officials was roaming about in the area on patrol duty. When the Police party reached near the cremation ground which was at some distance from Basti Labh Singh, smoke was seen coming out from some places. On suspicion, the Police party reached at the place from where smoke was emanating and found the accused distilling illicit liquor through a still. He was apprehended and all the components and still apparatus were taken into possession vide recovery Memo. Ext. PA attested by the Police officials and signed by the accused. Ruqa Ex. PB was sent through Constable Om Parkash by ASI Kartar Singh (PW) and formal FIR Ex. PB/1 was recorded. Rough Site planExt. PC was prepared. The case property was stated to have been deposited with the MHC in due course. The contents of lahan were tested by the Excise Inspector on 29-1-1984 and he found the same to be fit for distillation of illicit liquor. After completion of the challan, the accused was put to trial. On appearance in the Court, charge under Section 61 (1) (c) of the Punjab Excise Act, 1914 was framed and the accused pleaded not guilty and claimed trial. To substantiate the charge framed against the accused, during trial examined PW-1 Ram Rattan Constable, PW2 Shri J.C. Sharla, Excise Inspector and PW-3 ASI Kartar Singh. In addition to this, report of the Chemical Examiner Ex. PD/1 and affidavits Exts. PE & PF of the formal witnesses were tendered and the prosecution evidence was closed.

(2.) THE statement of the accused under Section 313 of the Code of Criminal Procedure was recorded wherein he emphatically denied the prosecution version and claimed false implication.

(3.) THE only argument raised by Mr. S.S. Kang, Deputy Advocate General, Punjab is that, non-production of the case property should not have been the sole basis of acquittal and in support of this contention, he has placed reliance on a Division Bench judgment of this Court reported as Balraj Singh v. State of Punjab, 1983 CLR 318.