JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the judgment dated 6.2.2007 passed by learned Additional Sessions Judge, Hoshiarpur whereby his appeal against the judgment dated 8.4.2004 passed by learned Sub Divisional Judicial Magistrate, Dasuya, was dismissed.

(2.) Briefly stated, the facts of the case are that FIR No.51 dated 19.10.2000 under Section 61(1)(a) of the Act was registered against the petitioner-accused at Police Station Hajipur on the allegations that on 19.10.2000 at about 3.30 p.m. in the area of T-point, Hajipur, he was found in possession of 80 bottles of illicit liquor. As per the prosecution version, the police party headed by HC Sarabjit Singh of Excise Staff, Mukarian was present at T-point, Hajipur in connection with excise checking. In the meantime, a scooter came from Hajipur side. The driver of said scooter was signalled to stop. However, the driver of the scooter tried to slip away, but he was apprehended by HC Sarabjit Singh with the help of other police officials. On inquiry, he disclosed his name as Jagjit Singh. He was carrying some luggage wrapped in gunny bags on the pillion of the scooter and on search of said gunny bags, two plastic cans were recovered. On opening their corks, the said plastic cans were found to contain illicit liquor. The accused was arrested. 180/180 Mls. contents out of each plastic can were taken out as sample. The remaining liquor was measured which came into 39 bottles of 750/750 Mls. each and one bottle of 570 Mls. out of the said plastic cans. The liquor after its measurement was again put in the same plastic cans. The entire case property was taken into police possession vide recovery memo Ex.PA which was attested by the witnesses. After completing the investigation, the challan was presented in the Court. The copy of challan was supplied to the accused as envisaged under Section 207 Cr.P.C.

(3.) The trial Court vide judgment dated 8.4.2004 had convicted and sentenced the petitioner for the period mentioned above.