BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER - Bhupinder Singh @ Billu has filed this revision petition challenging his conviction and sentence under Section 61(1)(a) of the Punjab Excise Act, 1914 (hereinafter referred to as the 'Act') by the learned Judicial Magistrate First Class, Amritsar. He was sentenced to undergo rigorous imprisonment for a period for one year, besides, pay a fine of Rs. 5,000/ - and in default thereof, to undergo further rigorous imprisonment for one month. His appeal against the said judgment of conviction and order of sentence was dismissed by the learned Additional Sessions Judge, Amritsar vide judgment dated 11.10.2002. Aggrieved therefrom, the present revision petition has been filed by the petitioner.

(2.) BRIEF facts of the case are that on receipt of secret information on 21.06.1997, ASI Surjit Singh alongwith other police officials, who were present near village Chachwali raided the petitioner's house. Petitioner was found distilling illicit liquor by means of working still in his kitchen. On seeing the police party, petitioner scaled the wall and fled from the spot. He was working as a helper in the Railways and was earlier known to ASI Surjit Singh. Working still was allowed to cool down and dismantled. Following pieces of the working still were taken in possession: -

(3.) ON receipt of the report of Chemical Examiner and completion of investigation, Challan/report under Section 173 Cr.P.C. was presented. Charges were framed against the petitioner -accused to which he pleaded innocence and claimed trial.