JEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 8.11.1997 passed by the Court of Additional Sessions Judge, Ferozepur, who confirmed the judgment and order dated 14.5.1997 passed by the Court of Sub Divisional Judicial Magistrate, Ferozepur, who convicted the petitioner Jeet Singh under Section 61(1)(c) of the Punjab Excise Act and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5,000/- and in default of payment of fine, the petitioner was directed to undergo rigorous imprisonment for three months for having been found in possession of a working still and its components.

(2.) THE story of the prosecution in brief is that on 31.7.1993 HC Lekh Raj along with co-officials was going towards village Dhab Karyal, Mahalam, Dhani Prem Singh on his cycle. When the police party reached at bus stand to village Mahalam, HC Lekh Raj received a secret information that Jeet Singh alias Dholi was distilling illicit liquor by installing a working still towards western side of seepage drain near left side passage and if raid was conducted, large quantity of lahan and illicit liquor could be recovered. Ruqa Ex. PB was sent to police station, Jalalabad for the registration of the case and formal F.I.R. No. 190 dated 31.7.1993 was registered under Section 61(1)(c) of the Punjab Excise Act. Thereafter HC Lekh Raj raided the said place with the help of the remaining co-officials. The petitioner was apprehended at the spot while he was feeding fire in the hearth of the still. The working still was dismantled and was allowed to cool down. The components of the still were taken into possession. Liquor was also found coming in the pipe. The components of the still, liquor as well as Lahan were taken into possession vide recovery memo Ex. PC. The Head Constable also prepared rough site plan Ex. PD of the place of recovery. On, return to police station, case property was deposited with the MHC. The Lahan recovered from the spot was got tested from the Excise Inspector, who vide report Ex. PA declared the contents as Lahan fit for further distillation. The sample of the liquor was sent to the office of the Chemical examiner, who vide report Ex. PE declared the contents as illicit liquor. On completion of the investigation of the case, the petitioner was challaned under Section 61(1)(c) of the Punjab Excise Act in the Court of Illaqa Magistrate, who framed charge against the petitioner. It was read over and explained to him, to which he pleaded not guilty and claimed trial.

(3.) AGGRIEVED by his conviction and sentence, the petitioner filed appeal in the Court of Additional Sessions Judge, Ferozepur, who also confirmed the judgment and order of the trial Court. Hence the present revision which I am disposing of with the assistance rendered by Shri P.S. Khurana, learned counsel appearing on behalf of the petitioner and Shri I.P.S. Sidhu, Additional Advocate General appearing on behalf of the State. With the assistance of these lawyers I have also been able to go through the record.