GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for one year and fine of Rs. 5000/ - in default R.I. for three months under section 61 (1)(c) of the Punjab Excise Act by the learned Judicial Magistrate First Class, Zira vide his order dated 11 -11 -83. His conviction and sentence were upheld by the lower Appellate Court. The petitioner has come up in revision to this Court.

(2.) ON receipt of secret information, police party headed by H.C. Gurdev Singh raided village Dhanna Shahid. The petitioner was found distilling liquor from a working still. The still was cooled down and its components were taken into possession. A drum containing 30 Kgs of Lahan was also taken into possession. The petitioner denied the prosecution allegations and pleaded false implication. He, in defence, examined Sarpanch of the village who stated that 3/4 persons of the village were taken into custody by the police without any rhyme and reason. In spite of their request, 2/3 persons were let off by the police after accepting bribe, but the petitioner could not afford to pay the bribe so he was challaned. Admittedly it is a case of secret information. The police party did not join independent person for the reasons best known to them.

(3.) I have gone through the statements of the official witnesses. There are number of discrepancies on very material points. In this situation, I don't think the conviction of the petitioner can be upheld. Consequently, I give him the benefit of doubt and acquit him of the charge. Fine, if paid, would be refunded to him. Petition allowed.