KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by the appellant-Karnail Singh against the judgment dated 15.4.2004 passed by the Court of Additional Sessions Judge, Patiala, vide which the conviction of Karnail Singh-appellant under Section 61(1)(c) of the Punjab Excise Act recorded by the learned trial Court was up-held and his appeal was dismissed.

(2.) THE facts of the case are that on 19.2.2001, HC Surinder Dutt and other police officials were present in the area of village Malkon. When they reached near brick kiln, it was about 2.30 P.M. HC Surinder Dutt received a secret information that Karnail Singh (appellant) was in the habit of distilling illicit liquor and lahan and if a raid is conducted, he could be found in possession of huge quantity of liquor or lahan. This information was found to be reliable and accordingly, he sent a rukka to Police Station Sadar, Nabha. HC Surinder Dutt himself led the policy party to conduct a raid. On the way Pargat Singh husband of Sukhwinder Kaur Sarpanch was joined in the party. The police officials reached in the fields of Karnail Singh, where he was found sitting in a Kotha (motor room). He was taken into custody and 180 kgs of lahan was also recovered from him.

(3.) CHARGE under Section 61(1)(c) of the Punjab Excise Act was framed against the accused to which he pleaded not guilty and claimed trial.