GOPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed against the judgments of the Courts below convicting and sentencing the accused-petitioner, Gopal Singh, for an offence punishable under Section 61(1)(c) of the Punjab Excise Act, 1914.

(2.) THE facts of the case are that on 30.1.1995 ASI Darshan Singh along with a police party, which included HC Jai Singh and other officials was on patrol near village Shaidawala on a government vehicle when he received secret information that the petitioner was distilling illicit liquor by means of a working still in front of his Dhani. On receipt of this information, the police party raided the Dhani of the accused-petitioner and apprehended him while he was distilling the illicit liquor by means of a working still. A drum (Exh. P1) containing 20 Kgs. of lahan and the equipment necessary for the distillation of illicit liquor were also recovered. A ruqa (Exh. PC) was sent to the police station for registration of the case and a formal FIR (Exh. PC/1) was drawn up by the Duty Officer. Bhani Ram, Excise Inspector stated in his report (Exh. PA) that the seized material was partially distilled lahan. The accused was accordingly sent up to face trial under Section 61(1)(c) of the Punjab Excise Act, 1914 and was duly charged and as he pleaded not guilty, was brought to trial.

(3.) THE trial Court on a consideration of the evidence, vide its judgment dated 25.5.1990 convicted and sentenced the accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/- and in default of payment of fine to undergo further imprisonment for a period of four months. The Additional Sessions Judge, Sirsa dismissed the appeal vide judgment dated 16.7.1990.