NAZAR MOHAMAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral) Two petitioners, namely Nazar Mohammad and Guggan were tried, convicted and sentenced to rigorous imprisonment for one year and a fine of Rs. 1000, in default further rigorous imprisonment for four months under section 61(1)(a) of the Punjab Excise Act by the trial Magistrate,The appeal was carried to the Court of Session but it substantially failed inasmuch as the sentence of rigorous imprisonment was reduced from one year to six months. They have come up in revision to this Court.

(2.) The prosecution case is that Narinder Singh Assistant Sub-Inspector P.W. 4 along with Gopal P. W. 1 and some other police officials was on patrol duty in the area of village Seelko on 3rd November, 1978, when a Matador bearing No. DHG 7490 was spotted by them coming from Nurpur side. On a signal being given by the Assistant Sub-Inspector the vehicle did not stop. However, it was made to stop with the help of the officials. Both the petitioners were sitting on the rear seat of the tempo while their coaccused Balvinder (since absconding) was driving the same. The tempo was searched and two big and five small tubes containing illicit liquor were recovered. The petitioners and their co-accused Balvinder were challaned. However, during the trial Balvinder jumped bail and absconded.

(3.) According to the report of the Chemical Examiner, Exhibit PJ, the liquor was found to be of illicit origin.