MANJODH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners Manjodh Singh@ Monu and Charanjit Singh @ Bunty were convicted for the offence punishable under Sec. 61 (1)(a) of Punjab Excise Act, 1914 and sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.2000.00 each, in default of payment of fine, to further undergo simple imprisonment for one month, by Judicial Magistrate 1st Class, Patiala. Both the petitioners filed appeal, which was dismissed by Additional Sessions Judge, Patiala. The petitioners have preferred this revision petition challenging the judgment of conviction and order of sentence passed by the Courts below.

(2.) As per case of the prosecution, On 9/8/2013, Head Constable Lakhwinder Singh of Police Station Kotwali Patiala, was present with his police party in the area of Shitla Mata Mandir, Sanour Adda (Bus Stop),Patiala, when a secret information was received that petitioners used to smuggle heavy quantity of cheap English and countrymade liquor from outside and sell the same in Patiala City. On that day also, they were bringing liquor in their Accent Car bearing registration No.CH-03P-3502 and could be apprehended by holding a Naka at Bigger Canal Bridge, Sanauri Road. A Nakabandi was held and the Accent Car as per secret information was apprehended in which both the petitioners were transporting 40 bottles of Mcdowel Whisky, which were lying on the rear seat and 16 cartons (192 bottles) of countrymade liquor of brand 'Mota Santra', which were lying in the dicky of the car. Necessary formalities of taking samples and sealing the same and case property were completed and the petitioners were arrested. On completion of investigation, challan against the petitioners was presented in Court.

(3.) On finding a prima facie case, both the petitioners were charge- sheeted for the offence punishable under Sec. 61 (1) of Punjab Excise Act, to which they pleaded not guilty and claimed trial.