KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KASHMIR Singh was tried in case FIR No. 30 dated 14.04.1990 registered at Police Station Sadar, Faridkot, under Section 61(1)(a) of the Punjab Excise Act (for short "the Act").

(2.) CASE in short of the prosecution is that the police party consisting of Mohinder Singh, head Constable, Basant Singh, Head Constable, Daman Singh and Om Parkash, Constable, Karam Singh and Malkiat Singh, Punjab Home Guard Volunteer, was on patrol duty on bicycles. Then Mohinder Singh, Head Constable, received secret information that Kashmir Singh son of Jagat Singh, resident of village Mandwala is distilling illicit liquor by means of working still. Accordingly, police party reached the spot and dismantled the working still and recovered one drum Ex.P1 containing 40 Kgs. of lahan along with one earthen pot Ex.P2 and various instruments of working still, which have been exhibited as Ex.P3 to Ex.P10. Learned trial court found petitioner guilty of the offence and sentenced him for one year rigorous imprisonment and a fine of Rs. 5,000/-, in default of payment of fine to undergo rigorous imprisonment for three months. Appeal filed by the petitioner was also dismissed by the Court of learned Additional Sessions Judge, Faridkot. Both the Courts below have relied upon testimony of Head Constable Basant Singh, PW.1, and head Constable Mohinder Singh, PW.2 and have ignored the minor discrepancies, which were pointed out to the Courts below.

(3.) IN the present case, occurrence pertains to April 1990. Petitioner has undergone protracted trial of about 18 years. Petitioner remained in custody for two days as under-trail. His appeal was dismissed on 18.07.1992. He was granted bail by this Court on August 3, 1992. petitioner has undergone about 16 days of his actual sentence. It has been stated by learned counsel for the petitioner that petitioner is not a previous convict and during the pendency of trial, he has committed no offence. It has been urged that taking into account the protracted trial and his antecedents, petitioner is entitled to grant of probation. Reliance has been placed on judgement of this Court rendered in Pakhar Singh v. State of Punjab, 2007(1) RCR(Criminal) 396. In the said judgement, it has been held as under :-