BHIM SAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL . Rev. No. 740 of 1998 and Crl. Rev. No. 794 of 1998 are the off-shoot of the same judgment and order passed by Judicial Magistrate First Class, Sangrur on 9.9.97 in case FIR No. 19 of 15.3.96 under Section 61(1)(a) of Punjab Excise Act of PS Longowal, convicting petitioners Bhim Sain, Karnail Singh, Balbir Singh and Harbans Singh under Section 61(1)(a) of the Punjab Excise Act and sentencing them to undergo RI for one year each and to pay fine of Rs. 2,000/- each, in default of payment of fine to undergo further RI for 3 months each and the judgment passed by learned Additional Sessions Judge, Sangrur dated 14.7.1998 conviction and sentence.

(2.) THE prosecution case in brief is that on 15.3.96 at about 9.30 p.m, ASI Gurdip Singh, Incharge, Police Post Cheema along with HC Surinder Singh, HC Jagdish Rai, PHG Satnam Singh and PHG Misra Singh was present laying naka on the pucca road leading from village Tolewal to village Dharamgarh. Jeep No. DL-4CC-8254 came from the side of village Dharamgarh. Torch light was flashed on that jeep signalling it to stop. Jeep was stopped. Petitioner Harbans Singh was driving the jeep. Petitioner Balbir Singh was sitting by the side of the driver on the front seat. Petitioner Bhim Sain was sitting on the rear seat on driver side. Petitioner Karnail Singh was sitting on the rear seat opposite to Bhim Sain. Search of jeep was carried out. Four cartons containing 48 bottles in all, of country-made (licit) liquor marked "Patiala Gulab" were found lying between the rear seats of the jeep. 180 mls. each was taken out as sample from each of the 48 bottles of liquor. Samples and the bottles were sealed at the spot. Samples and bottles were taken into possession. Rough site plan Ex.PE was prepared at the spot. Ruqa Ex.PD was sent to the police station for the registration of the case against the accused on the basis of which case FIR No. 19 was registered at PS Longowal on 15.3.96 under Section 61(1)(a) of the Punjab Excise Act. Samples were sent to the chemical examiner for chemical examination. Chemical examiner reported vide report Ex.PK that the samples contained country liquor. After investigation, accused were challaned. Accused were charged under section 61(1)(a) of the Punjab Excise Act by the learned Magistrate. They pleaded not guilty to the charge and claimed trial. On the conclusion of the trial, learned Magistrate found the charge under section 61(1)(a) of the Punjab Excise Act proved against the accused. He accordingly convicted them thereunder and sentenced them as indicated above. Their appeal to the court of Sessions met failure.

(3.) I have heard the learned counsel representing the petitioners and the learned Deputy Advocate General, Punjab and have gone through the record.