SUBA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner and his co-accused Chiman Lal were convicted for an offence under section 61(1)(a) of the Punjab Excise Act and sentenced to undergo R.I. for 1-1/2 years and to pay a fine of Rs. 1000/- each or in default of payment of fine to undergo further R.I. for the four months by the Chief Judicial Magistrate, Ferozepur. On appeal, his conviction and sentence was upheld by the learned Additional Sessions Judge, Ferozepur, but his co-accused Chiman Lal was given the benefit of doubt and his conviction and sentence were set aside. The petitioner has challenged his conviction and sentence by way of this petition.

(2.) THE prosecution case briefly, as set up at the trial, was that on 15th September, 1980 at about 5.00 a.m. Jaswant Singh and Jarnail Singh, Head Constables along with other Police officials were holding Naka Bandi near a place known as Hada Rori. A three-wheeler bearing No. PUW 4935 driven by Chiman Lal, co-accused, and Suba Singh, petitioner, sitting therein on the rear seat, passed by the police party and on being signaled by the police it did not stop. The police party chased it on cycles. The petitioner threw away the three tubes containing illicit liquor in a nearby lane and the petitioner was apprehended when he tried to escape with one of such tubes. The co-accused Chiman Lal who was driving the three-wheeler, however, managed to escape by speeding up the three wheeler. 180 mls. of illicit liquor was taken out as sample from each tube and the rest of the liquor contained in the three tubes was adjudged to be 300 bottles. The samples and the tubes were sealed with the seal mark "JS" and were taken into possession vide Memo. Exhibit PA. The sample were found to be of illicit liquor on analysis.

(3.) THE prosecution case rests on the testimony of P.W. 1 Jarnail Singh, Head Constable and P.W. 2 Jaswant Singh, Head Constable. They have supported the prosecution version as given in the earlier part of the judgment but their testimony does not inspire confidence. It is highly improbable that the police party would have chased the three-wheeler on the cycles and if the three-wheeler had been seen by the police party, the persons sitting therein would not have thrown the three tubes of the illicit liquor in the lane, rather they would have escaped by speeding up the three wheeler. It is highly improbable that the petitioner got down from the three-wheeler and was trying to pick up one of the tubes when arrested. The whole story seems to be a concocted one and does not appeal to reason at all. Moreover, none of the three tubes was produced in the court with liquor and there is no evidence that the liquor was destroyed. Hence, in the absence of any liquor in the tubes it is very difficult to connect the petitioner with the crime. Register No. 19 of Police Station Ferozepur City was summoned and the same was brought by Head Constable Ujagar Singh, D.W. 1 and therein there is no mention of any damage done to the three tubes. Even in the affidavit of Krishan Kumar, Moharrir Head Constable (Exhibit PF) there is no mention of deposit of any tubes containing liquor in the police station by Head Constable Jaswant Singh. There is mention of only sample nips and sample seals. The affidavit also does not even mention that any tubes was damaged or liquor destroyed in the Malkhana. The estimate regarding 300 bottles of liquor in the tubes is conjectural as it was never measured and also there is no evidence on the record to show that the liquor in the tubes was measured.