AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AVTAR Singh was tried for an offence under Section 61(1)(c) and under Section 61(1)(a) of the Punjab Excise Act and was convicted by Additional Chief Judicial Magistrate, Kurukshetra vide his judgment dated 1.2.1985 and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/- under Section 61(1)(c) of the Punjab Excise Act. He was also sentenced to undergo R.I. for six months under Section 61(1)(a) of the Excise Act. He preferred an appeal against this judgment recording his conviction which was dismissed by the learned Sessions Judge, Kurukshetra on 22.8.1986. He has now filed this Revision Petition assailing his conviction and sentence.

(2.) THE brief facts of the case are that on 30.6.1980 on receipt of secret information by Sub Inspector Kishan Lal that the petitioner could be found distilling illicit liquor if a raid was conducted, a case was got registered against the petitioner. The police party joined Mulakh Raj PW and raided the 'dera' of Manjit Singh. The petitioner who was an employee of Manjit Singh was found distilling illicit liquor by working a still. At the time of the raid, he was feeding fire under the hearth. The still was cooled and articles of still were taken into possession. One drum containing about 100 kilograms of 'lahan' which was used as a boiler and two other drums containing 200 kilograms of 'lahan' each, lying close by were seized. A sample of liquor was taken from the receiver bottle and also from a plastic can containing about 20 bottles of liquor. The contents of the drums were tested by the Excise Inspector at the spot who reported that the same constituted 'lahan' which was fully formented and was fit for distillation.

(3.) THE contention of the petitioner in his statement under Section 313 Cr.P.C. was that he was falsely involved in the case and in fact he was never found distilling illicit liquor. He examined two witnesses in his defence.