ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed the present revision petition against the impugned judgment dtd. 3/2/2017 passed by the Court of Additional Sessions Judge, Ludhiana and the impugned judgment and order dtd. 13/12/2013 passed by the Court of Judicial Magistrate 1st Class, Ludhiana, whereby, the petitioners have been convicted for the offence punishable under Ss. 61/1/14 of the Excise Act and sentenced as under:-

(2.) As per the case of the prosecution, on 1/7/2010, the police party received a secret information that two persons used to bring Whisky at cheaper prices and sell the same at Ludhiana at higher prices and they were traveling in a Maruti car bearing registration No. PB-10-P-6688 and if a picket was set up, they could be caught red handed and huge quantity of liquor could be recovered from them. On finding the information believable, the formal FIR was registered in the present case. A Naka was set up and a car bearing registration No. PB-10-P-6688 driven by a Hindu gentleman came and one person was driving the car and the other was sitting on the front seat. Both of them were apprehended at the spot on suspicion. On inquiry, they disclosed their names as Ashok Kumar and Bunty, both the petitioner and during search of the car, 90 bottles of English liqour make Hawaldar, 72 bottles of Everyday Gold and 48 bottles of English liqour Silver Peg 750 ml each were recovered. A nip of 180 ml was drawn from each of the bottles as sample and the remaining bottles were sealed by the I.O. and the case property was taken into possession by the police. After usual legal formalities, the investigation was completed and the challan was presented against the petitioners in the Court.

(3.) After the presentation of the challan, both the petitioners were charge sheeted for the offence punishable under Sec. 61 of the Excise Act and the charges were explained to them. However, both the accused pleaded not guilty and claimed trial.