KASHMIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was tried, convicted and sentenced to rigorous imprisonment for six months and a fine of Rs. 1000, in default further rigorous imprisonment for two months, under section 61(1)(a) of the Punjab Excise Act. The appeal was carried to the Court of Session where it failed substantially inasmuch the sentence of imprisonment of the petitioner was reduced from six months to three month rigorous imprisonment and that of fine was reduced from Rs. 1000 to Rs. 500. The petitioner has come up in revision in this Court.

(2.) On 24th April, 1980, Assistant Sub-Inspector Poonger Singh PW was present in the Bus Adda, Tohana, in connection with petrol duty along with some other police officials. The petitioner was seen coming with a bundle which he was carrying on his head. He was apprehended and on a search 20 bottles of illicit liquor were recovered from him. The recovery was witnessed by one Jagir Singh.

(3.) In his examination under section 313 of the Code of Criminal Procedure, the petitioner pleaded innocence and false implication.