GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED petitioner has filed this revision against his conviction under Section 61(i)(a) of the Punjab Excise Act, whereby he is sentenced to undergo 6 months' R.I. with a fine of Rs. 1000/-; in default further R.I. for 1 month.

(2.) IN a nutshell, the prosecution case is that on 30.12.1983, Assistant Sub Inspector Dev Raj PW-2 alongwith police party was going in a government vehicle for conducting excise raid. Kabal Ram, Excise Inspector, also accompanied him. When they were going towards the bandh of river Satluj near village Raipur Arian, they noticed the accused coming from the opposite direction. When he saw the police party approaching towards him, he tried to run away. Thus, on suspicion, he was apprehended. On interrogation, the accused disclosed that he had kept concealed four drums of lahan for distillation of illicit liquor. His disclosure statement, exhibit PA, was recorded; then he led the police party and got recovered four drums each containing 150 kgs of lahan, Exhibits P-1 to P-4. The contents of lahan were tested by the Excise Inspector, Kabal Ram who found that it was lahan for distillation of illicit liquor and submitted his report Exhibit PB. The drums were sealed and taken into possession vide Memo Exhibit PC. Ruqa Exhibit PD was sent to the police station on the basis of which, formal FIR, Exhibit PD/1, was recorded. Exhibit PE is the rough site plan of the place of recovery. On these facts, charge-sheet was filed.

(3.) THE learned lower Court, finding the prosecution evidence reliable and trustworthy, held the accused guilty of the said offence and sentenced him, as stated above. His appeal was dismissed by Shri Pirthi Pal Singh, Additional Sessions Judge, Jalandhar.