NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present Criminal Revision petition has been filed challenging the judgment, dated 16.5.2012, passed by the learned Additional Sessions Judge, Patiala, whereby the appeal filed by the petitioner challenging the judgment of conviction and sentence, dated 17.5.2010, passed by the learned Judicial Magistrate Ist Class, Patiala, was dismissed.

(2.) The brief facts of the case are that on 14.12.2003, SI Balkar Singh along with accompanying police officials received a secret information that the petitioner, Nishan Singh, was distilling illicit liquor by means of a 'working still' at his residence and if the raid was conducted then "Lahan" or illicit liquor could be recovered. The police party reached the house of the petitioner and found that he was distilling illicit liquor by means of 'working still'. He was apprehended. The material lying there was taken into possession. The drum containing 40 Kg. "Lahan" and two bottles of illicit liquor recovered from the spot, were sealed with the seal of the police. The sample drawn was sent to the Chemical Examiner. After completing the formalities of the investigation, the charge sheet was filed. The charge was framed against the petitioner for commission of the offence punishable under Section 61(1)(c) of the Punjab Excise Act, to which he pleaded not guilty and claimed trial. After the prosecution evidence was over, the statement of the petitioner in terms of Section 313, Cr.P.C., was recorded wherein he denied the allegations levelled against him and pleaded innocence. No evidence in defence was led.

(3.) The learned Judicial Magistrate Ist Class, Patiala, vide judgment of conviction and order of sentence, dated 17.5.2010, held the petitioner guilty of the offence punishable under Section 61(1)(c) of the Punjab Excise Act and sentenced him to undergo rigorous imprisonment for one year besides payment of fine of Rs. 5,000/- and in default of payment of fine, to undergo further imprisonment for two months. The case property was ordered to be disposed of in accordance with the rules.