MAHABIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was secured in the area of village Bhogipur at about 5.30 p. m. on 18th June, 1984 by the police party. The police party headed by A.S.I. Puran Mal, H. C. Sis Ram and other constable, while on excise checking duty received a secret information about the petitioner coming with illicit liquor loaded on a camel by the side of nandi from Mundairka side and if nakabandi was held near the bridge, the petitioner could be apprehended. On the basis of this information, A. S. I. Puran Mal along with other police officials held nakabandi on that bridge at that time and saw the petitioner coming from the side of village Mundarka riding on a camel along the nadi and he was apprehended by the A. S. I. with the help of police officials and on enquiry by the A. S. I. the petitioner gave his name as Mahabir. On search of the camel, two gunny bags were found tied on the back of the camel and when the gunny bags were opened the same were found to contain one tube each. On the opening of the tubes it was found that both the tubes contained illicit liquor. One quarter each was drawn as sample from the two tubes and the remaining bulk in the tubes was measured and it was found that each of the tubes contained 101-1/2 bottles of illicit liquor. This illicit liquor was duly sealed in the said tubes and the quarter samples were also duly sealed with the seal of 'TR' and the seal, after use, was handed over to the H. C. Sis Ram. Both the tubes, the quarter samples, two gunny bags, rope and the camel etc. were secured by the police and the petitioner was arrested under Section 61(i)(a) of the Punjab Excise Act. Ruqa Exhibit P. D. was sent by A.S. 1. Puran Mal to Police Station Taoru for recording formal AIR which was recorded in the police station as Exhibit P. D./1 at 6 10 P.M. on that date. Exhibit P. X. is the rough site plan prepared by A. S. I. Puran Mal. The samples were sent to Chemical Examiner vide whose report Exhibit P. B samples were found to be country liquor unlawfully manufactured.

(2.) REPORT under Section 173 of the Code of Criminal Procedure was presented and after framing a charge under the said section vide order dated 31st October, 1984, the prosecution evidence was recorded because the petitioner pleaded not guilty and claimed to be tried. The prosecution examined H. C. Sis Ram P.W. 1 and A. S. I. Puran Mal P.W.2 and after giving up Sher Singh P.W.as unnecessary, affidavits of H. C. Ishwar Singh and Constable Balraj as also report Exhibit P. B. sent by the Chemical Examiner were tendered in evidence.

(3.) THE petitioner has come up in this revision challenging the order of remand and seeking acquittal on the same ground on which the appeal had been remanded by the appellate Court.