SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR having been found in possession of 20 bottles of illicit liquor, the petitioner was charged under section 61 (1) (a) of the Punjab Excise Act before the Judicial Magistrate I Class, Faridkot. Fin" him guilty thereunder, the learned Magistrate declined him the benefit of probation, he being a previous convict, and sentenced him to 6 months rigorous imprisonment and a fine of Rs. 1000/ -. On appeal, the learned Sessions Judge, Faridkot, repelled conclusively all the contentions raised on behalf of the petitioner and has upheld his conviction and sentence.

(2.) IT is unnecessary to recount the facts. The prosecution evidence which has been unreservedly accepted by both the courts, primarily consists of the testimony of Head Constable Dalbir Singh, PW], and Constable Jaspal Singh PW2. The trial court unhesitatingly observed that the plea taken by the petitioner was merely cook and bull story and rejected it out of hand. The appellate Court affirmed the said finding. Mr. Mawi, learned counsel for the petitioner, has urged that the testimony of the aforesaid two official witness alone should not be relied upon to sustain the conviction. I am unable to agree. By now their Lordships of the Supreme Court have repeatedly affirmed that the evidence of the official witnesses has to be weighed in the same scale, as any other testimony. The significant thing herein is that these official witnesses arc not held to have any animus or hostility against the petitioner. The cross -examination directed against them has not elicited anything worth the name which can possibly make a dent in the prosecution case and I would, therefore, affirm the findings of the courts below and accept the testimony of the witnesses.

(3.) MR . Mawi then pressed for release of the petitioner in terms of section 360, Criminal Procedure Code. Hardly a day passes when one is not rudely convulsed by the newspapers reporting, so many dead due consumption of poisonous illicit liquor. This kind of crime which is done in cold blood and for profit, has to be dealt with sternly and only a jail sentence holds out some deference to the criminals of this category.