GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE case against the petitioner Gurdev Singh is that on 15 -4 -1976 on receipt of secret information SI Shamsher Singh along with Excise Inspector Amar Chand and other police Constables went to the Kotha of Gurdev Singh, petitioner where he was found distilling illicit liquor by means of a working still. It is in respect of this incident that Gurdev Singh now stands convicted for an offence under Section 68(1)(a) of the Punjab Excise Act and sentenced to one year's rigorous imprisonment and a fine of Rs. 2,000/ - in respect thereof.

(2.) THE conviction of the petitioner was sought to be assailed on the ground that no independent witnesses were associated by the police before conducting the raid on the Kotha of Gurdev Singh and it would not, thus, be safe to maintain the conviction in this case which was based merely upon the testimony of P.W -1 SI Shamsher Singh and PW -2 Excise Inspector Amar Chand. Munsha Singh v. State of Punjab, 1982 Chandigarh Law Reporter page 231 and Baldev Raj v. State of Punjab, 1981 Cr. L.T. 45, were sought to be relied upon.

(3.) A reading of the two authorities referred to above would show that neither of these is applicable to the facts of present case. There were material discrepancies in Munsha Singh's case (supra) and it was on account thereof that it was observed that it would be unsface to maintain the conviction of the accused on the evidence of the official witnesses only while in Baldev Raj's case (supra) the persons associated in the raid were stock witnesses of the police.