ATMA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was convicted for the offence under Section 61 (1)(a) of the Punjab Excise Act, 1914, and sentenced to one year's rigorous imprisonment and a fine of Rs, 1000/-, in default four months, by the Judicial Magistrate 1st Class, Faridkot vide his judgment and order dated January 30, 1982. On appeal, his conviction and sentence was upheld by the Additional Sessions Judge, Faridkot vide his judgment dated January 27, 1983. Hence this revision against his conviction and sentence.

(2.) Prosecution case as set up at the trial was that on 19-4-1980, Head Constable Ram Singh along with other police officials was going on cycles in connection with patrolling from the police station towards villages Chaina and Kariri and when the police party reached the School of village Chaina, secret information was received by Head Constable Ram Singh against the petitioner to the effect that he was habitual distiller of illicit liquor and if a raid was conducted, illicit liquor or Lahan could be recovered from him. On the basis of the secret information, ruqa Exhibit PD was prepared and despatched to the police station and the case was registered at Police Station Jaito. Thereafter, the house of the petitioner was raided and be was found present. On interrogation, the petitioner suffered a disclosure statement to the effect that he had kept concealed one tube containing illicit liquor under the Turi in the Darwaza. His statement was recorded and in pursuance of the same be got recovered illicit liquor from under the heap of Turi. A sample was taken out and the remaining illicit liquor was transferred into 35 bottles. The sample was sent to the Chemical Examiner. It was found to be illicit liquor.

(3.) At the trial, the petitioner denied the prosecution allegations and pleaded false implication. He did not produce any evidence in defence.