THAKUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision is directed against the judgment dated September 28, 1995, passed by the Additional Sessions Judge, Ferozepur, whereby the conviction and sentence of the petitioner recorded by the Judicial Magistrate, Ferozepur, by his judgment dated 10-2-1994, for an offence under S. 61(1)(c) of the Punjab Excise Act has been confirmed. The petitioner has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/- or in default of payment of fine to undergo further rigorous imprisonment for two months.

(2.) The case of the prosecution is that on 21-6-1987, a police party headed by H. C. Shiv Dyal Singh was going from village Alike towards village Dulchike, when smoke was seen emitting out of the wild growth. The police party reached the spot and found the petitioner distilling illicit liquor by means of a working still. At the crucial moment, the petitioner was feeding fire under the hearth. The working still was made to cool down and dismantled. The drum boiler was found to contain 80 kgs. of lahan besides two other drums, each containing 150 kgs. of lahan lying nearby. Distilled liquor was being collected in a tin-receiver, out of which a sample of 100 mls. was drawn out and the remaining liquor was transferred in two bottles. The sample, the bottles, the drum boiler and other two drums were sealed. According to the report of the Chemical Examiner the sample was opined to be illicit liquor. After completing the investigation, a charge-sheet was filed against the petitioner.

(3.) The petitioner denied the charge framed against him under S. 61(1)(c) of the Punjab Excise Act and claimed trial.