GURBAX SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Criminal Revision against the order dated 16.10.1987 passed by Sessions Judge, Kurukshetra whereby he maintained the conviction but reduced the sentence to rigorous imprisonment for two months and fine of Rs. 1000/- upon the petitioner. It may be mentioned here that he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- or in default to further undergo rigorous imprisonment for two months by the Judicial Magistrate First Class, Kurukshetra vide order dated 17.4.1987 in case F.I.R. No. 2 dated 1.1.1985 under Section 61(1)(a) of the Punjab Excise Act of P.S. Shahbad. This criminal revision has arisen in the following facts and circumstances.

(2.) ON 1.1.1985, HC Mam Chand along with HC Ramji Lal and some constables was on patrol and excise checking in the revenue estate of village Salpani Kalan. HC Mam Chand received secret information against the accused (petitioner herein) that he was in the habit of distilling illicit liquor and selling it and if a timely raid was conducted at him, he could be found in possession of either lahan or illicit liquor in huge quantity. He drafted Ruqa, sent it to PS Shahbad for the registration of case against the petitioner on the basis of which case was registered. HC Mam Chand organised raid party and rushed to the dairy of the accused. On the way, Tehal Singh met him. He was joined. Accused was standing in front of his cattle shed. HC Mam Chand interrogated him. His interrogation yielded the recovery of two drums containing lahan weighing 80 kilograms and 20 kilograms respectively lying concealed in the fodder near his cattle shed. HC Mam Chand sealed each of the drums containing lahan. He took the sealed drums into possession vide seizure memo attested by the PWs. He prepared rough site plan. On return to police station, he handed over the sealed drums containing lahan to MHC. On 2.1.1985, Excise Inspector Jai Singh unsealed the drums and attested their contents. He found the same to be lahan fully fermented fit for distilling illicit liquor. After investigation, accused was challaned under section 61(1)(a) of the Punjab Excise Act, 1914.

(3.) AGGRIEVED , accused knocked the door of the Court of Session in appeal. On appeal, learned Sessions Judge maintained the conviction but reduced the sentence as indicated above vide order dated 16.10.1987.