BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 15th January, 1983, police party headed by A.S.I. Satnam Singh was on its way towards village Manochahal in connection with usual patrol and excise checking. A secret information was received in pursuance of which accused Bachan Singh was intercepted in his cattle-shed, where allegedly he was distilling liquor by means of a working still. At the relevant time he was found feeding fire under the drum boiler, which contained partially distilled lahan. The accused was secured and the working still apparatus was dismantled and taken into possession. From the cane in which the liquor was being destined, sample was taken out and sealed, whereas the rest of the liquor, which measured 3750 M/s. was sealed in the cane itself. The drum too was sealed and taken into possession along with the other implements, in all Exhibits P. 1 to P. 13, detail of which has been mentioned in the trial court judgment. Aruqa for registration of the case was sent to Police Station, Jhabal immediately on receipt of secret information. Case No. 45 was registered against the accused on the basis thereof under section 6(l)(c) of the Punjab Excise Act.

(2.) After the recovery of the still, the accused was interrogated by the Assistant Sub-Inspector. On said interrogation, he suffered disclosure statement leading to recovery of two drums containing 150 Kgs. of lahan each from the cattle-shed of the accused. They were sealed separately and taken into possession. That recovery wall also reported to Police Station, Jhabal, through a separate ruqa, resulting in registration of Case No. 49 under section 61 (l)(a) of the Punjab Excise Act.

(3.) On trial, through single judgment dated 13th of August, 1984, Shri D.R. Arora, Judicial Magistrate 1st Class, Tarn Taran convicted accused Bachan Singh under section 61(1)(c) of the Punjab Excise Act with sentence of rigorous imprisonment for one year as well as a fine of Rs. 5,000/-, in default of payment of which fine he was directed to suffer simple imprisonment for six months, and under section 61(1)(a) of the Punjab Excise Act with sentence of rigorous imprisonment for six months as well as a fine of Rs. 500/-. in default of payment of which fine he Was directed to suffer simple imprisonment for two months, further directing the sentences to run concurrently. The appeal preferred by petitioner Bachan Singh was dismissed by Shri Gurdial Singh, Additional Sessions Judge, Amritsar, vide his judgment dated 11th of February, 1985, Now Bachan Singh has preferred present revision petition.