JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was convicted for an offence under section 61 (1) (c) of the Punjab Excise Act and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 5000/-, in default to undergo further rigorous imprisonment for 6 months by the learned Judicial Magistrate, 1st Class. Amritsar On appeal his conviction and sentence were up held by the learned Additional Sessions Judge, Amritsar; hence this revision against his conviction and sentence.

(2.) The case of the prosecution as set up at the trial was that on 13th October, 1980, P.W. Harmel Singh A.S.I., P.W. Samund Singh Head Constable and other police officials went for patrolling and when they reached near village Dhulka, they received a secret information against the petitioner and the same was sent to Police Station, Jandiala, for registration of a case against the petitioner. They also joined one Partap Singh from village Dhulka. Then the police party went to the house of the petitioner in village Jharu Nangal and found the petitioner distilling illicit liquor by means of a working Still. At the relevant time 40 Kgs of Laban was boiling in the drum, which was used as a boiler and 700 ml. of liquor had been distilled in the receiver bottle. The petitioner was arrested and the components and parts of the working still were taken into possession including the Lahan and 700 ml. of distilled liquor.

(3.) At the trial the petitioner denied the prosecution version, but did not produce any evidence in defe n Ce,