BALJIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By filing the present criminal revision, the petitioners have assailed the judgment dated 26.05.2007, vide which, the learned Addl. Sessions Judge (Ad hoc) FTC, Sangrur, upheld the judgment dated 26.10.2005, passed by the learned Judicial Magistrate 1st Class, Sunam, whereby, the petitioners were convicted under Section 61(1) (a) of the Punjab Excise Act, 1914 (for short 'the Act') and sentenced to undergo RI for a period of six months and ordered to pay fine of Rs. 1000/- each and in default of payment of fine, to further undergo RI for one month.

(2.) The prosecution case against the petitioners is that on 01.04.2000, the petitioners were apprehended while they were having 13 boxes of country made liquor marked Gulab in a car, without any permit or licence. Each box contained 12 bottles and total 156 bottles were recovered from their possession. On commitment, the accused were charged sheeted under Section 61(1)(a) of the Act, to which the accused/petitioners pleaded not guilty and claimed trial.

(3.) In support of the case of prosecution, it examined PW-1 MHC Narsi Ram; PW-2 Parshotam Ram; PW-3 Kawar Sain Singla, Clerk; PW-4 Constable Jameet Singh; PW-5 ASI Babu Singh and PW-6 Sarwan Singh.