AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for six months and fine of Rs. 1000/-, in default R.I. for one month under section 61(1)(a) of the Punjab Excise Act by the learned Judicial Magistrate First Class, Dasuya vide his order dated 12-12-1993. His conviction and sentence were upheld by the lower Appellate Court. The petitioner has come up in revision to this Court. On 28-6-1982, the raid party consisting of HC Ashok Kumar and Chanan Singh constable PWs raided the house of the petitioner in village Talwani Dadian. On interrogation he disclosed that he had buried three drums of Lahan under the rivulet which he could get recovered and consequently got recovered three drums Exhibits P-1 to P-3 containing 200 kgs of Lahan each in consequence of his disclosure statement. The Lahan was tested by Shri Sat Pal, Singh PW 1 and found the same to be a mixture of Gur Kidar etc. The petitioner was tried, convicted and sentenced as aforesaid. "It is the admitted case of the prosecution that the raid party started from Police Station, Tanda with a definite purpose to raid the house of the petitioner. However, they did not care to join anybody from the public. After securing the petitioner they even did not care to join anybody from the village before interrogation or at the time of recovery of Lahan. Mere ipsi dixit of HC Ashok Kumar that no body from the village was prepared to join the investigation was not sufficient in my view. Mr. Ghai has pointed out discrepancies between the statements of the PWs regarding the disclosure statement. I have gone through the evidence. There are certain discrepancies in the statements of these PWs regarding the exact words used by the petitioner in his disclosure statement. In this situation, I think the petitioner is entitled to benefit of doubt. Consequently, I allow this petition and acquit him of the charge. Fine, if recovered, would be refunded to the petitioner.