SAHIB SINGH LABH SINGH Vs. STATE

JUDGEMENT

(1.) SAHIB Singh was convicted under Section 61 (1) (a), Punjab Excise Act, 1914, herein after referred to as the Act, and sentenced to suffer rigorous imprisonment for six months. In deciding the case the Magistrate ordered Sahib Singh to execute a bond in a sum of Rs. 1,000/- with one surety in the same amount under Section 69-A of the Act for a period of one year, or to suffer simple imprisonment for the same period in de fault. In the appellate proceedings the Court has upheld the conviction of Sahib Singh and the sentence imposed upon him. Sahib Singh applies under Section 435, Criminal P. C. for the revision of the order passed on appeal.

(2.) SHORTLY put, the facts are these. On 9-11-1952, Pandit Raja Ram, Excise Sub-Inspector P, W. 1, organized a raiding party consisting of Dewan Hukam Chand, Assistant Sub-Inspector P. W. 5, Dalip Singh, Head Constable, Amar Singh driver, and Ujagar Singh of Kotbudha. In village talwandi Virk, Barkat Chaukidar P. W. 3 joined the raiding party. Reaching village Talwandi virk Pandit Raja Ram interrogated Sahib Singh who gave information that he had kept under 'parali' in his courtyard a mut containing 'lahau' and that he had buried two 'muts' containing lahan outside the courtyard. Sahib Singh went to the 'parali' in the courtyard and from there produced 'mut'. Ex. P-1, containing 27 seers of 'lahan'. Sahib Singh then went to a place which was outside the courtyard and dug out two 'muts', Exs. P-2 and P-3. Exhibit P-2 contained throe seers of 'lahan' while 'mut', Ex. P-3, v/as empty and smelt of 'lahan'. Pandit Raja Ram tested the contents of 'muts', Exs. P-1 and P-2, and from taste, colour, smell and other observations found them to contain 'lahan'.

(3.) IN Court Pandit Raja Ram P. W. 1, Ujagar Singh P. W. 4 and Dewan Hukam Chand P. W. 5 gave evidence for the prosecution. Amar Singh P. W. 2 was tendered for cross-examination but was not cross-examined. Barkat P. W. 3 gave evidence that no 'lahan' was recovered from the possession of Sahib Singh. On the request of the Prosecuting Sub-Inspector the Court allowed him to cross-examine Barkat.