HARDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against judgment dated 13.9.1995 passed by the Additional Sessions Judge, Ferozepur dismissing Criminal Appeal No. 11 of 1994 filed by the revisionist against his conviction and sentence under Section 61(1)(a) of the Punjab Excise Act, 1914, ordered by Shri D.K. Monga, the then Sub Divisional Judicial Magistrate, Zira vide judgment dated 12.2.1994. The learned Sub Divisional Judicial Magistrate, Zira sentenced the petitioner Hardeep Singh to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo rigorous imprisonment for three months.

(2.) THE case of the prosecution, stated briefly, is as under: A.S.I. Rajinder Singh accompanied by other police officials and some officers of Central Reserve Police Force (for short C.R.P.F.) on 20.5.1986 at about 5.00 a.m. was present near the link road Basti Butewali in the area of village Behak Gujjran for patrolling and checking of bad characters. They spotted a jeep No. GJH 1245 coming from the side of Makhu. The jeep was got stopped by the police party. It was being driven by one Harbans Singh while revisionist Hardeep Singh was sitting on the left hand side of the driver and another co- accused Joginder Singh was sitting behind Hardeep Singh. One Nikka Singh (since deceased) was sitting behind the driver Harbans Singh on the rear seat. Harbans Singh was declared proclaimed offender while Nikka Singh died. Hardeep Singh and Joginder Singh were tried by the learned Sub Divisional Judicial Magistrate, Zira under Section 61(1)(a) of the Punjab Excise Act. According to the prosecution case, the police party, as aforesaid, searched the said jeep and recovered two rubber tubes each from the seats of Hardeep Singh and Nikka Singh. One rubber tube was recovered from the seat of Joginder Singh. Each of the tubes contained illicit liquor measuring 80 bottles. Samples of 180 mls. were separated and put in five nips. The tubes containing the remaining liquor were sealed with the seal of A.S.I. Rajinder Singh bearing letter 'RS'. The tubes were duly sealed. The sample nips also duly sealed and the jeep was taken into possession and a recovery memo Exhibit PA was prepared. Ruqa Exhibit PB was sent to the Police Station Zira where a formal FIR Exhibit PB/1' was registered. During investigations rought site plan Exhibit PC was prepared. The samples were sent for analysis to the Assistant Chemical Examiner through the Government of Punjab, Bathinda who after testing the same found illicit liquor and prepared report Exhibit PD. After completion of the investigation, the Investigating Officer submitted a challenge against the revisionist and co-accused. As mentioned above, revisionist Hardeep Singh and co-accused Joginder Singh were charge-sheeted under Section 61(1)(a) of the Punjab Excise Act. They pleaded not guilty to the charge and claimed to be tried.

(3.) NOTICE of the revision was served on the respondent. Learned DAG for the State of Punjab respondent appeared and contested the revision.