RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 11.09.2003 passed by Chief Judicial Magistrate, Ferozepur vide which the petitioner was convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one month under Section 61 of the Punjab Excise Act, 1914. The appeal preferred by the accused was dismissed by the Additional Sessions Judge, Fast Track Court, Ferozepur.

(2.) THE factual matrix is required are to be exposited. ASI Sukhminder Singh was on patrol duty at the Bus Stand of village Ferozepur alongwith his team. He received secret information that Ranjit Singh of that village was distilling liquor by means of working still in his cattle shed and could be caught red handed. The police party proceeded to the spot taking the information to be genuine. ASI Sukhminder Singh sent a ruqa to the police station. The accused was found distilling liquor by means of a working still. The accused was found working on the still at the time of the raid. The working still was dismantled, cooled and components of the still were taken into possession vide recovery memo. A sample nip of 180 mls of illicit liquor was separated and the remaining contents in the container were measured which were found to be little over 9 bottles. The drum boiler containing 80 Kgs lahan, nip sample and all the samples were sealed bearing the initials 'SS'. A sample seal was prepared and it was handed over to Constable Kewal Singh. The usual formalities were completed and the accused was arrested. Lahan was got tested. On receipt of lahan test report and the report of the chemical examiner, the final report under Section 207 Cr.P.C. was presented in the Court.

(3.) WHEN confronted with the evidence, the accused in his statement under Section 313 Cr.P.C. abjured the trial. The trial ended in conviction. His appeal had also failed.