PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was caught red-handed while carrying a gunny bag on his head on 8.4.1985, on the turning of village Badla Link Road by a Police party of Dasuya, which was moving in a Jeep. The petitioner tried to slip back, but was apprehended. PW 1 Head Constable Gurbans Singh, who was heading the party, searched the gunny bag in the presence of his companions PW 2 Constable Sucha Singh and Constable Rattan Singh and Constable Harbhajan Singh. In the gunny bag, a rubber tube Ex. P1 was found containing illicit liquor. It was poured into 41 bottles. A sample of 180 ml. was taken out in a nip. After completion of the investigation, challan was put in and the learned trial Court, after examining the prosecution evidence and going through the affidavits, found the petitioner guilty and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- or in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) THE petitioner filed an appeal, but failed to get any relief.

(3.) I have gone through the affidavits and fine that Ex. PE, affidavit of Constable Amar Singh (No. 843), Detective Staff, Dasuya is signed by him, but there is no verification by the said deponent under it. The verification under this affidavit reads as under :-