JARNAIL SINGH @ JAILA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner Jarnail Singh @ Jaila against judgment dated 31.01.2006 passed by the learned Additional Sessions Judge, Jalandhar, thereby dismissing the appeal preferred by the petitioner against the judgment and order dated 03.11.2003 passed by the learned Judicial Magistrate Ist Class, Jalandhar, vide which the petitioner has been convicted for offence punishable under Section 61(1)(c) of Punjab Excise Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000, in default, to further undergo rigorous imprisonment for one month.

(2.) Brief facts of the case are that ASI Naresh Kumar along with police party were present on the gate of Village Kahlwan, G. T. Road, Jalandhar to Kartarpur in connection with patrolling. A secret information was received that Jarnail Singh alias Jaila is distilling illicit liquor in large quantity and is indulging in smuggling in liquor. If a raid is conducted, the accused could be apprehended. Ruqa (Ex. PB) was sent to the Police Station, on the basis of which, formal FIR was registered. A raid was conducted on the disclosed place which led to the recovery of working still which was being carried on by accused Jarnail Singh, who fled away from the spot. The equipment of the working still along with lahan contained in a drumi and the illicit liquor recovered from the spot consisting of 19 bottles of 750 ml each and one bottle of 570 ml. A sample of 180 ml were taken into possession vide recovery memo Ex. PD. Site plan (Ex. PE) was prepared. The accused was arrested on the next. After completion of investigation, challan was presented against the accused in the Court.

(3.) Finding a price facie case against the accused, he was charge-sheeted to which he pleaded not guilty and claimed trial.