MANGAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANGAT Ram was apprehended by H.C. Resham Singh of Excise Staff, Tanda and Constables Balwinder Singh and Baldev Dutt, who were proceeding towards village Talwandi Daddian on cycles on 10.6.1987 at about 7.45 A.M., carrying a gunny bag on his head. Since his movement, on seeing the police party, became suspicious, he was apprehended and on search he was found to be carrying a gunny bag containing illicit liquor in a plastic can. The samples were taken from the can, which were found to be containing 48 bottles of 750 mls. each and recovery memos regarding the can and gunny bag were prepared. A ruqqa was sent to the police station, on the basis whereof, formal F.I.R.Ex. PB/1 was recorded against the petitioner. After the receipt of report of the Chemical Examiner, Chandigarh, which found the sample to be containing illicit liquor. On completion of the investigation, the challan was put in Court against the petitioner.

(2.) CHARGE was framed against the petitioner and he pleaded not guilty to it. The prosecution examined H.C. Resham Singh PW1 and C. Balwinder Singh PW2 and recovery memo Ex. PA and affidavits Ex. PD and Ex.PE of M.H.C. Sarup Singh and C. Kewal Singh were filed. The report of Chemical Examiner Ex. PF was also tendered in evidence. Sub-Divisional Judicial Magistrate, Dasuya, after hearing arguments and perusing the record convicted the petitioner under Section 61(1)(a) of the Punjab Excise Act and sentenced him to undergo R.I. for 6 months and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo R.I. for four months. The appeal against this judgment was dismissed on 7.1.1991 by the Additional Sessions Judge, Hoshiarpur.

(3.) LOWER appellate Court, after considering this aspect of the case, had, in view of the proviso to Sub-section (iii) of Section 61 of the Punjab Excise Act, which reads as under :-