HARNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 on 6.6.1986 by the Judicial Magistrate Ist Class, Zira and sentenced to undergo R.I. for a period of six months and fine of Rs. 1000/- and in default of payment of fine, he was further ordered to undergo R.I. for a period of two months. The appeal filed by the petitioner against his conviction and sentence was dismissed on 20.3.1987 by the Additional District Judge, Ferozepur. Hence, the revision petition.

(2.) BRIEFLY narrated, the facts of the case are that on 23.2.1983, ASI Krishan Saroop alongwith ASI Gurdial Singh and few constables including Harbhajan Singh, was going to village Daulewala from village Sherpur Taiban, on patrol duty. When the police party reached near the crossing of the road in the area of village Sherpur Taiban, accused Harnam Singh was seen coming there on a mare from the side of Kot Ise Khan. He was apprehended on the basis of suspicion and on search, a tube containing illicit liquor, which was tied to the seat of the mare, was recovered from him. A sample of 180 MLs. was drawn from the tube and the remaining liquor was measured which came to the capacity of 70 bottles. The residue bulk of liquor was again transferred to the same tube. Sample parcel and the tube were sealed with the seal of ASI Krishan Saroop bearing letters 'KSS' and taken into possession vide recovery memo, Ex. PD, which was attested by ASI Gurdial Singh. On the basis of said recovery, ASI Krishan Saroop sent ruqa, Ex. PE, to Police Station, Zira, on the basis of which formal FIR Ex. PE/1 was registered. Thereafter, he prepared rough site plan, Ex. PE, indicating the place of recovery, recorded the statements of the witnesses and on return to police Station, Zira, deposited the case property with MHC Jagir Singh with seals intact. On receipt of report of Chemical Examiner, Ex. PA, and after necessary investigation into the case, the accused was challaned.

(3.) WHEN examined under Section 313, Criminal Procedure Code, accused denied all the allegations of the prosecution and pleaded his false implication. The accused, however, did not lead any defence.