BHAG SINGH @ BHAGGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for six months and to pay a fine of Rs. 500/ - in default R.I. for one month under section 61(1)(c) of the Punjab Excise Act by the learned Judicial Magistrate First Class, Karnal vide his orders dated 31.10.1983 and 3.11.1983. The appeal was carried to the Court of Session where it failed substantially inasmuch as that the sentence of fine was reduced from Rs. 500/ - to Rs. 200/ -, in default R.I. for 15 days. The petitioner came up in revision to this Court. The same was admitted by B.S. Yadav, J. vide his order dated 31.5.1984.

(2.) THE police party headed by S.H.O. Amar Nath on secret information raided the house of the petitioner. He was found distilling illicit liquor by way of a working still. The components of the working still were taken into possession after cooling the same. Lahan was found in possession of the petitioner. The petitioner was tried, convicted and sentenced as aforesaid.

(3.) THE prosecution evidence consists of the official witnesses only.