DARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this revision, petitioner has assailed his conviction and sentence of rigorous imprisonment for one year with a fine of Rs. 5,000/-; in default rigorous imprisonment for two months under Section 61(1)(c) of the Punjab Excise Act, 1914.

(2.) SKELETAL facts are that on 31.10.1984 at about 6.40 A.M., a secret information was received by ASI Swaran Singh while he was on patrol duty at railway crossing that accused is distilling illicit liquor in his house by means of working still. On that information, ruqa was sent, FIR was recorded; house of the accused was searched, accused was apprehended; working still was dismantled and cooled down. All the articles of working still were seized. A can lying near the working still contained 3750 MLs illicit liquor. Sample of 180 MLs was taken. All the articles were duly sealed. After completing the usual investigation, the charge-sheet was filed.

(3.) ACCUSED denied the charge, examined two witnesses in his favour to show his false implication.