CHAND SINGH @ TIDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision against the judgment dated 23.1.1991 of the Additional Sessions Judge, Amritsar, challenging dismissal of appeal against the judgment dated 13.3.1990 of the trial Magistrate, whereby Petitioner Chand Singh @ Tidi was convicted under Section 61.1(a) of the Punjab Excise Act, 1914 and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/ -; or in default of payment of fine, further to undergo rigorous imprisonment for three months, for keeping in his possession 50 bottles of illicit liquor.

(2.) THE prosecution case, in brief, is that Head Constable Mangal Singh, who was on patrol duty, took the Petitioner into his custody on 27.6.1988, as he was carrying a gunny bag. On search of the gunny bag, it contained a tube with 37500 M Ls. of illicit liquor. 180 M Ls. was separated as a sample. The sample and the remaining liquor were sealed with seal mark 'MS'. FIR, Ex. PB/1, was registered on the basis of a ruqa, Ex.PB, sent by Head Constable Mangal Singh to the Police Station Tarn Taran. After completion of investigation, the Petitioner was sent up for trial.

(3.) LEARNED Counsel for the Petitioner has stated that affidavits, Ex.PE and Ex.PF, do not bear the seal of the Court. Affidavits are defective. They should not be taken into consideration. He further stated that no independent witness was joined, though the recovery was made during the day time.