JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The epitome of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the instant revision petition and emanating from the record, is that, on 24.8.2002, a police party headed by HC Baljit Singh ( PW2) was present at the back side of Bus-stand of village Shadipur and received a secret information to the effect that petitioner-convict Jagtar Singh used to distill illicit liquor, by way of working still. If raid is conducted, he can be apprehended red handed along with operatus of working still. Finding the information credible, he (PW-2) sent ruqqa (Ex.PB) to the police station for registration of the FIR (Ex.PC). Thereafter, the police raided the place of occurrence near the Dry minor and found the petitioner convict distilling illicit liquor, by means of working still. On seeing the police party, he was stated to have escaped from the spot. The working still was cooled down and dismantled. The prosecution claimed that in the wake of search, 5 bottles of illicit liquor, 20 Kgs. of lahan and a plastic can were recovered from the place of occurrence. The pointed articles were sealed and taken into possession by the police, vide recovery memo (Ex.PD). The Investigating Officer prepared the rough site plan (Ex.PE) of place of recovery.

(2.) Leveling a variety of allegations and narrating the sequence of events, in all, according to the prosecution that the petitioner-convict was operating the working still, 20 Kgs. of lahan, 5 bottles of illicit liquor and a plastic can were recovered from the spot. In the background of these allegations and in the wake of indicated recovery, the present case was registered against the petitioner-convict, by virtue of FIR No.111 dated 24.8.2002, on accusation of having committed an offence punishable under section 61(1)(c) of the Punjab Excise Act, 1914 (hereinafter to be referred as "the Act") by the police of Police Station Julkan, District Patiala.

(3.) Having completed all the codal formalities, the trial Magistrate, after taking into consideration the oral as well as documentary evidence on record, convicted & sentenced the petitioner convict to undergo rigorous imprisonment for a period of one year, to pay a fine of Rs. 5000/- and in default of payment of fine, to further undergo RI for a period of two months under section 61(1)(c) of the Act, by way of impugned judgment of conviction & order of sentence dated 21.9.2005.