PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 24.09.2002 passed by learned Additional Sessions Judge, Gurdaspur vide which appeal filed by the present petitioner-convict against the judgment of conviction and order of sentence dated 20.01.2001 passed by learned Judicial Magistrate 1 st Class, Pathankot convicting the petitioner for the offence punishable under Section 61(1)(C) of the Punjab Excise Act, 1914 and sentencing to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000 and in default of payment of fine, to further undergo rigorous imprisonment for one month, was dismissed.

(2.) Briefly stated, case of the prosecution is that on 24.10.1999 Head Constable Karor Singh alongwith other police officials reached near culvert of village Dhobra when he received secret information that petitioner Pritam Singh was indulging in distilling illicit liquor in the poultry farm of his residential house. On this information, raid was conducted and petitioner was caught red handed while distilling illicit liquor. 570 mls. of illicit liquor was recovered besides 30 Kgs. of lahan and other instruments for distilling illicit liquor.

(3.) After completion of investigation, report under Section 173 of the Code of Criminal Procedure (for short 'Cr.P.C.') was filed against the petitioner-convict. He faced trial. He was convicted and sentenced by learned trial Court as afore-mentioned. Appeal filed by him against the judgment of conviction and order of sentence was also dismissed by learned Additional Sessions Judge, Gurdaspur.