BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Balbir Singh was tried for an offence under Section 61(1)(c) of the Punjab Excise Act by Judicial Magistrate 1st Class, Fazilka and was held guilty. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- vide judgment dated July 30, 1986. Against this judgment the preferred an appeal which was dismissed by the Additional Sessions Judge, Ferozepur, on 6.11.1986 and he has now filed the present revision petition assailing his conviction and sentence.

(2.) The prosecution case against the petitioner was that on 31st March, 1983, Assistant Sub Inspector Iqbal Singh was son patrol duty alongwith other Police officials and when the police party reached near the river, smoke was noticed coming from the reeds. That place was raided and the petitioner was found distilling illicit liquor by running a still. At the time of raid he was feeding fire under the hearth. He was apprehended at the spot and the still was cooled and dismantled. One drum containing about 70 kilograms of lahan was being used as a boiler. Liquor was being received in a tin out of which sample was separated and the rest of the liquor was transferred into a bottle. All the articles of still were sealed and were seized vide a recovery memo. Case was got registered against the petitioner and after completion of the investigation he was challaned.

(3.) The prosecution examined Assistant Sub Inspector Iqbal Singh P.W. 1, Constable Chhinder Pal Singh P.W. 2 and Excise Inspector Gurdev Singh as P.W. 3. Report of the Chemical Examiner Ex. PE and affidavits of formal witnesses Exs. PF and P0 were also tendered in evidence.