GURMEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision is filed against the judgment dated 9.2.2016, passed by the learned Additional Sessions Judge, SAS Nagar, Mohali, affirming the judgment of conviction and order of sentence dated 27.11.2013, passed by the learned Judicial Magistrate 1st Class, Dera Bassi, vide which the petitioner was convicted under Section 61 (1)(aa) of the Punjab Excise Act, 1914 and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/-, in default thereof, to further undergo simple imprisonment for two months.

(2.) The brief facts of the case are that on 17.5.2006, a police party headed by SI Subhash Chand received a secret information that Pawan Singla of Godown No. 195, Industrial Area, Ram Darbar, Chandigarh, and Bobby, resident of Dadri, Haryana, indulge in the illegal sale of liquor. Pawan Singla loads liquor in the truck from Chandigarh and sends the same to Bobby in Haryana. In this way, they are indulging in the smuggling of the liquor. Further information was received that even today, Pawan Singla has loaded liquor in LP truck bearing No. PB-12-C-1125 and sending the same to Bobby in Haryana. The said truck is being driven by Gurmeet Singh son of Avtar Singh, resident of village Sabdalpur, P.S. Sadar, Rajpura, District Patiala, and is going from Chandigarh to Dadri. If a picketing is done on the main highway of Chandigarh-Ambala, liquor can be recovered. Accordingly, a picketing was done. The truck bearing registration No. PB-12-C-1125, being driven by accused Gurmeet Singh was stopped. From the search of the said truck, 345 boxes of liquor mark 'Aristocrat' whisky were recovered. Each box was containing 12 bottles. The bottles were bearing the print 'For Sale in Chandigarh only'. The police accordingly took out the samples and took the case property into their possession. After completion of formalities of the investigation, the challan was presented.

(3.) The trial Court chargesheeted the accused under Section 61 (1)(aa) of the Punjab Excise Act, 1914. The accused pleaded not guilty to the charge and claimed trial. In support of its case, the prosecution examined HC Dharam Chand (PW1), HC Surinder Singh (PW2), C. Jarnail Singh (PW3), Harleen Puri, Assistant Officer, DTO Ropar (PW4), DSP Subhash Chand, the then SI Investigating Officer mentioned wrongly as PW4 (PW5) and closed the prosecution evidence.