STATE OF PUNJAB Vs. NIKKU SINGH

JUDGEMENT

(1.) NIKKU Singh son of Gurdial Singh stands acquitted of the charge under Section 61(1)(c) of the Punjab Excise Act (in short to be referred as the Act) by the learned Addl. Chief Judicial Magistrate, Faridkot vide judgment dated September 26, 1991. Feeling aggrieved, the State of Punjab has come up in appeal before this Court.

(2.) BRIEFLY , the case of the prosecution is that on February 7, 1986 a secret information was received by ASI Gurbax Singh that Nikku Singh, the respondent-herein used to indulge in distilling illicit liquor by running a working still and if raided, large quantity of illicit liquor could be recovered. On the basis of this information, formal FIR (Exhibit PB) was got registered. Thereafter the police party headed by ASI Gurbax Singh conducted a raid on this house. The accused was apprehended while distilling illicit liquor by means of working still in his kotha. Certain articles of the working still alongwith the can containing the liquor were recovered. The quantity of liquor was equivalent to five bottles. The sample was drawn. The sample and the can were sealed with the seal of 'GS' and taken into possession vide recovery memo. Exhibit PA. Certain other formalities were also completed at the spot. The sample was sent to the Chemical Examiner for analysis. After receipt of the report of the Chemical Examiner (Exhibit PD), the respondent was sent up to face trial.

(3.) IN order to prove its case against the respondent, the prosecution examined HC Sukhdev Singh (PW-1) and ASI Gurbux Singh (PW-2). Besides this, the report of the Chemical Examiner was also tendered into evidence.