MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition against the judgment dated 8.7.1989 passed by the Additional Sessions Judge, Amritsar whereby the appeal filed by the petitioner against his conviction for the offence under Section 61(c)(c) of the Punjab Excise Act (hereinafter referred to be as "the Act") had been dismissed.

(2.) THE case of the prosecution against the present petitioner was that on 6.7.1985, police party headed by H.C. Jasbir Singh was present in the village Thatha where secret information was received that the accused was distilling illicit liquor by means of working still outside the western wall near the tube well of one Pritpal Singh and if raid was conducted the accused was likely to be arrested while operating the working still. Then police party went there to join independent witnesses but none came forward. Raid was conducted and the accused was found distilling illicit liquor. He was feeding the fire under the hearth at that time of raid. A sample of illicit liquor was separated from the receiver whereas drum boiler Ex. P1 and the other articles of the working still were taken in possession after completing formalities. Drum boiler Ex. P1 containing lahan was tested by Jagdish Lal, E.I. (PW2) on the next day and the same were found to be partly distilled fit for further distillation. Then the challan was presented against the accused.

(3.) THERE had been concurrent findings of the guilt of the accused recorded by the J.M.I.C. Tarn Taran and the Additional Sessions Judge, Amritsar.