INDERJIT DEWAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is directed against the order dated January 17, 1974 of the learned Additional Sessions Judge. Amritsar vide which the conviction and sentence of the petitioners awarded by the Judicial Magistrate First Class, Amritsar on September 15, 1973 under Section 61 (1) (a) of the Punjab Excise Act has been affirmed.

(2.) THE prosecution story as unfolded by Harbhajan Singh, Sub Inspector, P. W. 3 is as under: On the night intervening 28th and 29th of October, 1971, Harbhajan Singh, Sub-Inspector was on patrol duty when he received the information against the petitioners. He joined some other police officials and picketed on the road leading from Rayya to Wadala on the bridge of the drain at about 2. 00 A. M. During the night car No. DLK 4506 came from the side of Wadala. Petitioner Avtar Singh was driving the car and Inderjit petitioner was sitting on the back seat. The car was stopped and searched. From the front seat two bags containing 24 bottles each of liquor were recovered and from the back seat four bags each containing 24 bottles of liquor were recovered. These bottles were marked Exs. p. 1 to p. 144. Samples were taken and the recovery memo Exs. PA was prepared and ruqa Ex. PB was sent to the Police Station on the basis of which formal first information report Ex. PB/1 was recorded by Moharir Head Constable Ajmer Singh, P. W. 2. According to the report of the Chemical Examiner, Ex. PD, the contents were found to be denatured spirit. The prosecution produced Excise Inspector Jaswant Singh, P. W. 1, Ajmer Singh, P. W. 2 and Harbhajan Singh, Sub-Inspector, P. W. 3.

(3.) WHEN examined under Section 342 of the Code of Criminal Procedure, the petitioners denied their complicity in the crime and pleaded false implication and examined Gopal Dass, DW. 1 in their defence. The learned trial Court convicted the petitioners as aforesaid and they unsuccessfully appealed to the learned Additional Sessions Judge. Hence this petition.