BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present revision petition has been preferred by the petitioner against the judgment dtd. 19/10/2010 passed by learned Additional Sessions Judge (ADHOC), Fast Track Court, Mansa vide which judgment of conviction and order on quantum of sentence dtd. 2/4/2010 passed by learned Sub Divisional Judicial Magistrate, Sardulgarh, have been upheld, vide which petitioner has been convicted under Sec. 61(1)(c) of Punjab Excise Act and sentenced to undergo rigorous imprisonment for one year and fine of Rs.5,000.00 was imposed with default mechanism.

(2.) Brief facts of the case are that on 10/11/2005 HC Bhola Singh along with other police officials were present at bus stand Makha in connection with patrolling duty on a Govt. Canter bearing registration No.PB-31C-0830 driven by C. Avtar Singh. At that time HC Bhola Singh received secret information that one Bhola Singh(petitioner herein) has been distilling illicit liquor in his residential house by means of working still and if raid was conducted he could be captured while distilling illicit liquor. Finding the information being credible, raid in the house of petitioner was conducted and the accused-petitioner was found present while distilling illicit liquor by means of working still. He was feeding fire in the hearth at that time. He was captured. On enquiry he told his name as Bhola Singh son of Ram Singh resident of village Makha. A silver containing lahan was lying on the hearth prepared in the ground. An earthen chakala was fitted on the silver container by means of mud. A plastic pipe from the side of earthen chakala was going to a plastic bottle in which liquor after distilling was pouring drop by drop. A silver pan was fitted on earthen chakala by means of mud which was being used as cooler. The still after cooling was dismantled. About 15 Kg lahan was found in the silver container. A sample nip of 180 ml illicit liquor was taken out from the plastic bottle and the remaining liquor in bottle was found half bottle. An earthen lid was fitted in the chakala permanently and a plastic pipe was fitted in the lid Silver container containing 15 KG lahan, half bottle of illicit liquor and sample nip were sealed by H.C. Bhola Singh with his seal bearing impression "BS". Recovery memo was prepared and accused-petitioner was arrested.

(3.) Learned trial Court after assessing the material on record convicted the petitioner under Sec. 61(1)(c) of Punjab Excise Act and sentenced him to undergo rigorous imprisonment for one year and fine of Rs.5,000.00 was imposed upon him with default mechanism. Appeal filed against the said judgment of conviction and order of sentence was dismissed by learned Lower Appellate Court.