AJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision petition preferred by the petitioner against his conviction under section 61 (1) (a) of the Punjab Excise Act, 1914 (hereinafter referred to be as "the Act").

(2.) BRIEFLY stated, case of the prosecution is that on 18.01.2006 ASI Vijay Singh alongwith other police officials in connection with patrolling was holding a naka at Mansar and was checking the vehicles. At about 3.00 A.M. a car without number plate coming from the Pathankot side was signalled to stop by the police party. Instead of stopping the car, driver of the car accelerated the car and as a result whereof it went out of control and rammed into a tree and turned turtle. Thereafter, police officials apprehended both the persons sitting in the car. On interrogation, accused disclosed their names and whereabouts. On search of the car, 35 bladders of green colour containing illicit liquor were recovered. After making an arrangement of empty drum and bottle, all the 35 bladders were emptied. A nip of 180 ml was separated as sample from the illicit liquor and remaining liquor was again put into 17 cans. H.C. Vir Singh sealed all the articles including 18 plastic cans as well as sample nip with his seal bearing impression 'VS'. All the sealed articles including 35 empty bladders were taken into police possessin vide recovery memo. Accused were arrested. On completion of necessary formalities, challan was submitted in the competent court of jurisdiction. Prosecution examined as many as six witnesses.

(3.) LEARNED trial court after apprising the evidence, convicted and sentenced the accused -petitioner under section 61 (1) (a) of the Act. He was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/ - in default whereof to undergo further rigorous imprisonment for a period of twenty days. Aggrieved, against the same, petitioner filed an appeal. Said appeal was dismissed by Additional Sessions Judge (Adhoc) Fact Track Court, Hoshiarpur vide judgment dated 12.12.2014.