LABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner, Labh Singh son of Chuhar Singh against the order dated August 21, 1987 passed by the Sub-Divisional Judicial Magistrate, Phul whereby he has been convicted under Section 61(1)(c) of the Punjab Excise Act, 1914 and sentenced to undergo rigorous imprisonment for a period of one year and further to pay a fine of Rs. 5,000/-. The appeal filed by the petitioner has been dismissed by the learned Additional Sessions Judge, Bathinda vide judgment dated June 1, 1989.

(2.) The prosecution case is that on March 1, 1983 one ASI Gurcharan Singh alongwith Head Constable Baldev Singh, Constable Jagdev Singh, Gobind Ram and Ranjit Singh and Excise Inspector Darbara Singh were on exercise checking duty and while they were presented at village Peerkot, near Waterworks building, then the aforesaid ASI received a secret information that the petitioner was distilling illicit liquor by means of working still in his residential house and if raid was conducted, the recovery could be effected. On receipt of aforesaid secret information, a ruqa Ex.APA was sent to the Police Station on the basis of which formal FIR Ex.PA/1 was registered. Thereafter, the raiding party conducted a raid on the house of the petitioner. On investigation, a challan was presented. The petitioner has been convicted as aforesaid.

(3.) I have heard Shri T.S. Sangha, the learned Counsel for the petitioner and Shri Ashish Sharma, the learned Assistant Advocate General, Punjab for the respondent and with their assistance have gone through the record.