GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Two criminal revision petitions - Criminal Revision No. 414 of 1934 and criminal Revision No. 519 of 1984 respectively filed by Jagdev Singh and Gurdip Singh - would be disposed of by this judgment since they arise out of the same order.

(2.) On the night intervening 6th/7th June, 1979, at about 3 a.m. the police was holding a nakka on a sem nullah in the area of village Mothanwali when a Matador bearing No. PUI 5335 came from the side of village Mothanwali. Jagdev Singh petitioner was driving the Matador while Gurdip Singh petitioner and their co-accused Sukhdev Singh were found sitting in it. The Matador was stopped by the police and six tubes containing 100 bottles of illicit liquor each were recovered. Samples taken out from the tubes were found to be illicit liquor by the Chemical Examiner.

(3.) The petitioners were convicted and sentenced under section 61(1)(a) Punjab Excise to rigorous imprisonment for one year and a fine of Rs. 1000/- each, in default further rigorous imprisonment for three months, by the Trial Magistrate. Their conviction and sentence were upheld by the lower appellate court.