DESA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision petition filed by Desa Singh-petitioner directed against the judgment and order of sentence of the Judicial Magistrate Ist Class, Fazilka and that of the Sessions Judge, Ferozepur, dated July 29, 1987 and November 27, 1987 respectively. The learned Judicial Magistrate had held the petitioner guilty of the offence punishable under Section 61(1)(c) of the Punjab Excise Act. The petitioner was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs. 5,000/-. In default of payment of fine, he was to undergo further rigorous imprisonment for three months. The appeal filed by the petitioner was dismissed, but the sentence was reduced to six months rigorous imprisonment and a fine of Rs. 500/-. In default of payment of fine, he was to undergo further rigorous imprisonment for one more month.

(2.) THE relevant facts are that on January 20, 1984, ASI Jagjit Singh along with other police officials including Constable Lachhman Singh was patrolling. They were on the bank of the seepage drain in the area of village Noorshah. A column of smoke was noticed. A raid was conducted. The petitioner was caught red-handed while he was engaged in distillation of illicit liquor. A working still was functioning. Boiler drum contained 80 kilograms of Lahan and the freshly distilled liquor was being received in the tin. The working still was cooled and dismantled. A representative sample measuring 375 Mili litres was taken. The remaining contents were transferred into bottles. The boiler drum and the bottles were sealed and taken in possession vide the recovery memo. The representative sample was subsequently sent to the Chemical Analyst. He reported that it was illicit liquor.

(3.) LEARNED counsel for the petitioner highlighted the fact that there was no independent witness that has been joined and that in the facts of the present case, the conviction based on the testimonies of the official witnesses should not sustain.