GURBHAJAN SINGH @ GURBHAJAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE revisionist was convicted by the Sub -Divisional Judicial Magistrate, Mukerian to 6 months' rigorous imprisonment under Section 61 of the Punjab Excise Act along with a fine of Rs.5,000/ -, vide order dated 16.10.2014. His appeal also did not find favour and was dismissed on 21.01.2015. Dis -satisfied with both the verdicts, present revision has been filed.

(2.) THE petitioner was taken into custody and had undergone over two months of custody. A prayer for suspension of sentence was made which was opposed. The trial Court record was summoned and arguments on merits were heard.

(3.) NARATTING the factual matrix; On 17.11.2010, a patrol party headed by ASI Deep Singh was present at Bus Stand, Hajipur, Mukerian. A person was seen coming on a motorcycle carrying plastic containers hanging on both sides of the motorcycle. He was signaled to stop but instead of stopping, he tried to speed up and was apprehended by the police party. On checking, the plastic containers were found to contain illicit liquor. A sample measuring 180 ML was drawn for measurement. It was found to be 99 bottles measuring 750 ML each besides the sample. The liquor was put back in the plastic containers and sealed bearing impression DS. The samples were sent to the Chemical Examiner, Kharar and on receipt of report, the challan was presented.