THE STATE Vs. BIKAR SINGH

JUDGEMENT

(1.) THIS order will dispose of four criminal appeals against acquittal of the charge under section 61 (1)(a) of the Excise Act. Three of these appeals (Nos. 724, 725 and 728 of 1963) are against the orders of Shri Diali Ram Puri, Sessions Judge, Bhatinda, and the fourth one (No. 907 of 1933) is against the order of Shri R.S. Bindra, Sessions Judge, Hoshiarpur.

(2.) IN Criminal appeal No. 724 of 1963 (State v. Bikar Singh) the quantity of liquor recovered was half a bottle while in other three cases the quantity recovered was one bottle. Admittedly, in view of the notifications issued by the Punjab Government under section 5 of the Punjab Excise Act any person can keep one quart bottle of country made spirit (vide notification No. 5509 dated 19th October, 1932) or of foreign liquor whether imported or made in India. (Vide notification No. 799 -E and T -51/1482 dated 27th March, 1951). It would, therefore, be an offence to keep quantity of liquor up to one bottle only if it is shown that the liquor is not one which is manufactured by any Punjab distillery or any distillery in any other State -manufacturing liquor under licence of the State or Central Government, or which is manufactured by a foreign country and the import of which is permitted under the law. In all the four cases, the report of the Chemical Examiner was practically to the effect that the sample of liquor was "essentially different from the Punjab distillery spirits and was, therefore of illicit origin."

(3.) IN any case, I am definitely of the view that the burden lies entirely on the prosecution to establish that the liquor recovered is of illicit origin vis -a -vis the spirits manufactured by any authorised distillery in this country or of any other distillery import of which is permitted.