ISHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ISHAR Singh petitioner was charged under Section 61 (1) (a) of the Punjab Excise Act, 1914, for having been found in possession of 2 cans containing illicit liquor before the Judicial Magistrate Ist Class, Bhatinda and having been found guilty thereunder, he was sentenced to one year's rigorous imprisonment and a fine of Rs. 1000/ -. On appeal the learned Additional Sessions Judge, Bhatinda, maintained his conviction and sentence. He has now come up in revision.

(2.) ON 30th November, 1980, on receipt of secret information, the Assistant Sub -Inspector Joginder Kumar along with Excise Inspector Rattan Chand Gupta and some other police officials raided the house of the accused -petitioner who was then apprehended. On interrogation by the Investigating Officer, the accused suffered disclosure statement leading to the recovery of 2 cans containing illicit liquor from the specified place of concealment. After completing the formalities, the samples taken out of those two cans were sent to the Chemical Examiner, who vide his report, Exhibit P.F. found them to be of illicit origin.

(3.) THE prosecution case primarily rested on the testimony of the Assistant Sub -Inspector Joginder Kumar and Excise Inspector Rattan Chand Gupta. The accused denied the prosecution allegations and pleaded false implication in the case but led no evidence in defence.