MAGHAR SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) FOR being found in possession of 8 drums full of denatured spirit on the 1st of June, 1968, Maghar Singh, aged 28 years, a resident of village Ugoke in Police Station Barnala, was convicted by Shri Madan Lal Singhal, Judicial Magistrate 1st Class, Barnala, of an offence under section 61(1)(a) of the Punjab Excise Act (hereinafter called the Act) and was sentenced to rigorous imprisonment for a year and a fine of Rs. 500/ -, the sentence in default of payment of fine being rigorous imprisonment for three months. He instituted an appeal against the judgment of the learned Magistrate but the same was dismissed on the 5th of December, 1970, by Shri O.P. Aggarwal, Additional Sessions Judge, Barnala. That is why he has come up in revision to this Court.

(2.) THE prosecution case may be stated thus. On the 1st of June, 1968, while going towards village Ugoke on patrol duty, Assistant Sub -Inspector Tara Singh (P.W. 5) received secret information at about 8 A.M. that the petitioner was in the habit of keeping and selling rectified spirit. The Assistant Sub -Inspector sent ruqa Exhibit P.C. to Police Station Barnala through Constable Mohinder Singh for registration of a case against the petitioner and himself formed a party of which, amongst others. Excise Inspector Nirmal Singh (P.W. 2), Excise Inspector Jaswant Singh (P.W. 3), Lambardar Hari Singh (P.W. 1) and Charan Singh (a prosecution witness who was given up at the trial as having been won over), apart from the Assistant Sub -Inspector himself, were members. This party started for village Ugoke on the way to which the petitioner was seen coming and was taken into custody. On interrogation he disclosed that he had kept concealed eight drums full of denatured spirit in a heap of gram husk lying in his field known as Kanjarwala. The disclosure was reduced to black and white and is contained in document Exhibit P.A. Thereafter the petitioner led the police party to the said field and from inside a heap of gram husk lying therein brought out eight drums full of denatured spirit. A sample of the contents of each drum was sealed in a bottle while seals were also put on the drums themselves thereafter.

(3.) SHRI Harbans Lal, Learned Counsel for the petitioner, does not deny that alcohol is one of the ingredients of denatured spirit but he contends that spirit of that kind being unfit for human consumption is not an article the possession of which is punishable under the provisions of clause (a) of sub -section (1) of section 61 of the Act. For this contention he relies on the following definition of the expression "denatured" contained in clause (5) of section 3 of the Act: