JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE case of the prosecution is that on 24th July, 1982, Daljit Singh, Assistant Sub Inspector, posted at Police Station Saddar Ferozepur, along with constable Harbans Singh had gone for a patrol and when the party passed through the village Wazidpur, Daljit Singh, Assistant Sub Inspector, P.W.2, got secret information that Jit Singh accused was distilling illicit liquor by working a still in the drain passing through the area of that village. Daljit Singh, Assistant Sub Inspector, P.W.2, reached the place and found that Jit Singh, accused, had dug a hearth in the ground in which he had lit fire. He had placed a drum on the hearth which contained lahan. He was distilling illicit liquor which was being received in the bottle. Jit Singh, accused, was apprehended. The fire in the heath was got extinguished and the working still was cooled, dismantled and its component parts were taken into possession. The illicit liquor was collected and a sample therefrom was separated. The sample was sealed and sent to the Chemical Examiner who found the same to be of illicit original. The contents in the drum contained 80 kgs. of Lahan which were tested by the Excise Inspector Tarlochan Singh, P.W.1. From the test, the Excise Inspector found the Lahan fit for distillation of illicit liquor. After investigation, the accused was prosecuted in the court of the Judicial Magistrate Ist Class, Ferozepur.

(2.) AT the trial, Daljit Singh, Assistant Sub Inspector, and Harbans Singh, Constable P.W.3, testified to the details of the occurrence and apprehension of the accused while committing the offence of illicit distillation. Tarlochan Singh, Excise Inspector P.W.1 proved his report.

(3.) THE learned trial Judge accepted the case of the prosecution and sentenced Jit Singh to undergo 1-1/2 years' rigorous imprisonment and to pay a fine of Rs. 5000/- for offence under Section 61(1)(c) of the Punjab Excise Act. In default of payment of fine, Jit Singh was sentenced to further undergo rigorous imprisonment for six months. Upholding the order of the conviction of the learned Sessions Judge, Ferozepur, dismissed the appeal of Jit Singh but reduced the substantive term of imprisonment to one year R.I. and in defeat of payment of fine to two months' R.I. This revision petition ha been filed against the judgment of the lower appellate Court.