PURAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PURAN Singh petitioner was charged for being in possession for a working still and having been found guilty thereof, was convicted under Section 61(1)(c) of the Punjab Excise Act, 1914, and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 5000/ -. On appeal, the learned Sessions Judge, Ludhiana, in an elaborate and lucid judgment not only upheld his conviction but confirmed his sentence. He has now come up by way of revision.

(2.) THE case of the prosecution is that on 20th June, 1978, Assistant Sub -Inspector Gurmit Singh alongwith Constable Jagjit Singh, Excise Inspector Gurbanx Singh and some other police officials happened to be present near the Government Seed Farm, Ladhowal, when he received secret information that Puran Singh petitioner was distilling illicit liquor by working a still opposite to Jhuggaian Hukam Singh. After sending ruqa to the police station. Assistant Sub -Inspector Gurmit Singh rushed towards Jhuggian Hukan Singh alongwith others and found the petitioner actually busy in distilling illicit liquor by means of a working still. He was apprehended. The working still was dismantled and its component parts were taken into possession. The drum, Exhibit P.1. which was being used as a boiler was found to contain 60 kgs of lahan. The sample taken out from the liquor contained in the receiver pipa was sent to Chemical Examiner, who vide his report, Exhibit P.E. opined that it was liquor of illicit origin. After necessary investigation, the accused was prosecuted adn convicted as indicated above.

(3.) TO establish its case, the prosecution mainly relied on the evidence of Assistant Sub -Inspector Gurmit Singh and Excise Inspector Gurbans Singh. The petitioner pleaded false complicity in the case.