RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners were convicted under Section 61(i)(c) of the Punjab Excise Act, and were sentenced to R. I for two years and to pay a fine of Rs. 200/- each and in default of payment of fine, they were further sentenced to undergo R. I. for six months each by the Judicial Magistrate I Class Karnal on May 6, 1986. The appeal filed by the petitioners was dismissed on July 18, 1986, by the Additional Sessions Judge, Karnal, but the sentence of imprisonment was reduced from two years to one year. However, the sentence of fine was maintained. Hence, this revision petition Briefly stated the facts are as under :-

(2.) ON 5-3-1983, PW3 Kartar Singh Sub-Inspector (Now Inspector) received a secret information against the petitioner to the effect that they were distilling illicit liquor by means of a working still in the field of Vijay Singh and if raided, could be apprehended red handed. Upon this information, he registered formal FIR Ex. P3/A against the petitioner. He alongwith constable Partap Singh PW2, Ranbir Singh, Inder Singh and Ram Kumar went in a Govt. Jeep No. HRD 6760 to the spot. He found that both the petitioners were distilling illicit liquor by operation a working still. At that time, Ram Sarup petitioner was changing the water while Dalip Singh petitioner was feeding the fire. He took both the petitioners in custody. There was hearth on which drumi containing 25 kgs. of lahan was placed which was being used as boiler-one bathal Ex. P2 made of earth was fixed on the boiler in which then were two holes. Chapani Ex. P3 was suspended with small ropes in the bathal and there was hole in the Chapani in which one end of the plastic tube Ex. P4 was fitted and the other end of the plastic tube was in the Canny Ex. P8. There was one Tasla Ex. P5 in which there was water and was being used as cooler. One Diba tin Ex. P6, one pitcher containing water Ex. P7, some half burnt pieces of wood were lying there. The working still was dismantled and its components were allowed to cool down. A sample nip was taken from the plastic canny and the liquor in the canny was measured which was found to be five bottles. The sample nip and the canny were separately sealed with the seal of P. S. The drumi Ex. P1 was also sealed with the seal of P. S. All these articles were taken into possession vide memo Ex. PW2/A attested by Partap Singh constable PW2 and Ranbir Singh constable. PW5 Kartar Singh S. I. prepared rough site plan Ex. PW3/B of the place where the working still was captured. He deposited the case property with seals intact on the same day with the Moharrir Malkhana PW1 Yashpal Singh, Excise Inspector, examined the contents of drumi Ex. P1 on 6-3-1993 and found the same to be partly distilled lahan.

(3.) AFTER the close of the prosecution evidence, the statements of the petitioners were recorded in terms of Section 313 of the Code of Criminal Procedure, whereby, they denied all the allegations of the prosecution and pleaded false implication. However, they did not lead any defence evidence.