GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed the present revision petition under Section 401 Cr.P.C. against the order dated 14.7.2015 passed by learned Sessions Judge, Ferozepur, whereby his appeal against the judgment of conviction and order of sentence dated 21.2.2015 passed by learned Sub Divisional Judicial Magistrate, Guru Harsahai convicting him for the offence under Section 61 of the Punjab Excise Act, 1914 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1000/-, was dismissed.

(2.) However, he was apprehended by the Investigating Officer with the help of the police party. On inquiry, he disclosed his name as Gurmail Singh. There was a rubber tube tagged on the rear side of the motor-cycle and when the contents of the tube were checked, the same was found to be containing illicit liquor. The Investigating Officer separated a sample nip of 180 mls. On measurement, remaining liquor was found to be 99 bottles of 750 mls each and one bottle of 570 mls. The liquor was poured into same rubber tube. Sample nip and the rubber tube after sealing by the Investigating Officer, were taken into police possession vide separate memo. The sample nip was sent to the Chemical Laboratory, Kharar for analysis and after receipt of the report of the Chemical Examiner, the challan was prepared and presented in the Court.

(3.) In compliance of the provision of Section 207 Cr.P.C., copies of challan along with other relevant documents attached thereto was supplied to the accused Gurmail Singh.