PARGAT SINGH ALIAS PAGGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -petitioner stands convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 (in short the 'Act') for keeping in his possession 30 bottles of illicit liquor on 9.4.1985. He is sentenced to undergo rigorous imprisonment for one year with a fine of Rs. 1000/- ; in default to further undergo R.I. for four months.

(2.) SKELETAL facts of the case are that on 9.4.1985 head Constable Lajpat Singh along with Head Constable Jagir Singh and other police officials was on patrol duty on the bank of river Bias within limits of Harike. They found accused coming from the village Booh. On seeing the police party, as the accused tried to slip away, it aroused suspicion resulting into his apprehension and arrest. On his personal search, it was found that he was carrying one tube containing 30 bottles of illicit liquor. 180 M. Litre liquor was separated as sample. Remaining liquor and this sample was separately sealed with seal bearing impression 'LS'. Thereafter F.I.R. was registered. Sealed contraband was sent to the Police Station Malkhana on that very date. On 22.4.1985 this sample was taken by constable Vinod Kumar to Chemical Examiner. Till then it was kept in the custody of Moharrir Head Constable Dhir Singh. The Chemical Examiner also found the sealed sample with sample seal intact. He opined that it contained illicit liquor. His report is at Exhibit PD. After completing usual investigation, charge-sheet was filed.

(3.) DURING trial prosecution examined Head Constable Jagir Singh, Head Constable Lajpat Singh, tendered in evidence affidavits Exhibits PF and PE of constable Vinod Kumar and Moharrir Head Constable Dhir Singh respectively.