PAKHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition has been filed by Pakhar Singh son of Dara Singh and Darshan Singh son of Surjan Singh. Both of them were convicted by the Chief Judicial magistrate, Kapurthala under section 61(1)(c) of the Punjab Excise Act and each one of them was sentenced to one year rigorous imprisonment and a fine of Rs. 5000/-, in default of payment of fine, each of the petitioners was ordered to under go further rigorous imprisonment for six months. The appeal filed by the petitioners was dismissed by the Additional Sessions Judge, Kapurthala.

(2.) ON 3.12.1980, on receiving secret information against the petitioners to the effect that they were engaged in distillation of illicit liquor, in the "Behak" of Pakhar Singh petitioner, situated in the area of village Lakhan-Ke-Padde, S.I. Amar Singh (PW2) recorded the first information report at the Police Station and proceeded to the place mentioned above. From near the village the S.I. deputed a constable to bring some respectables for being associated with the raid, but none was available. The Police party then effected the raid at the "Behak" of Pakhar Singh petitioner, where both the petitioners were caught red handed while working a still for distillation of illicit liquor. They were arrested. The various components of the still were dismantled and were taken into possession. A small drum (Ex.P1) was found placed on the hearth. The drum contained about 40 kgs. of Lahan. From the distilled liquor, a sample was obtained and the remaining liquor was found to measure 1380 Mls. After the prosecution, the two petitioners were convicted and sentence as already noticed.

(3.) IN the result, this revision petition is allowed, the conviction and sentence of the two petitioners are set aside and they are acquitted of the charge framed against them. They are on bail. Their bail bonds stand discharged. The fine, if paid by them, shall be refunded.