HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this revision is the judgment dated 03.10.2013 passed by Shri K.C.Gupta, Additional Sessions Judge, Patiala vide which the appeal preferred by the accused against the judgment and order dated 16.04.2013 passed by Ms. Hargurjit Kaur, Sub Divisional Judicial Magistrate, Camp Court, Rajpura convicting and sentencing the accused under Section 471 of the Indian Penal Code ( in short the IPC ), was dismissed.

(2.) The brief facts of the present case are that on 25.01.2005 SI Jai Kishan along with other police officials was present at T point, bus stand village Jangpura where he received a secret information that one Qualis bearing registration No. PB 11S/0073 is coming from Zirakpur side towards Rajpura loaded with liquor in heavy quantity. At about 5.00a.m., the said qualis came from Zirakpur-Banur side, which was stopped by giving signal of torch. On stopping the vehicle, its driver fled away from the spot and from the search of the Qualis, 20 boxes of liquor Mark "Everyday Whisky" were recovered. One nip sample from each box was taken out, which were sealed by SI Jai Kishan with his seal bearing impression JK and remaining case property was taken into police possession by way of recovery memo. Ruqa was sent to the police station for registration of the case, on the basis of which formal FIR was registered. Rough site plan of the place of occurrence was prepared. Statements of the witnesses were recorded. The Qualis vehicle was also taken into possession of the police. On verification regarding the ownership of Qualis vehicle, it was found that registration of the Qualis vehicle pertains to one motor cycle in the name of Mohan Jain and no registration certificate was ordered to be issued in the name of Harbhajan Singh. After completion of the investigation, challan was presented in the Court.

(3.) On appearance of the accused, copies of documents as relied upon by the prosecution were supplied to him. A charge under Sections 420, 467, 468, 471, 120-B of the IPC and under Section 61(1)(a) of the Punjab Exciuse Act was framed against the accused. The accused pleaded not guilty to the charges and claimed trial.