ARJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal revision is directed against the order of Additional Sessions Judge, Bathinda dated 20.1.1997 whereby he maintained the order of conviction and sentence of rigorous imprisonment for one year and fine of Rs. 1,000/ - or in default of payment of fine to under -go further rigorous imprisonment for two months passed by the Chief Judicial Magistrate. Bathinda dated 8.12.1993 under Section 61 (1)(a) of the Punjab Excise Act in case F.I.R. No. 82 dated 13.5.1991 registered at Police Station Kotwali, Bathinda.

(2.) PROSECUTION case in brief is that on 13.5.1991, A.S.I. Rasham Singh of C.I.A. Staff Bathinda received a secret information that the accused was coming towards city, Bathinda with a gunny bag containing illicit liquor on his head. On receipt of this information he sent ruqa Ex.PB to Police Station, Kotwali, Bathinda on the basis of which case F.I.R. No.82 was registered against the accused under Section 61(1)(a) of the Punjab Excise Act at Police Station Kotwali Bathinda, A.S.I. Resham Singh proceeded to nab the accused. When the police party reached near the railway crossing, accused was found crossing the road through the right side with a gunny bag on his head. At the sight of the police, accused tried to slip away. He was appreheded with gunny bag. That gunny bag was found to contain a rubber tube Ex.P.1 Rubber tube Ex.P.1 was found to contain illicit liquor. Out of the recovered liquor 180 mls. was taken as sample. Remaining liquor measured 40 bottles; each bottle containing 750 mls of liquor. Liquor after being measuring was transferred in the same tube Ex.P -1 Rubber tube Ex.P. 1 and sample were sealed with seal impression "RS', Rubber tube and sample were taken into possession vide memo Ex.PA attested by constables Gurtej Singh and Ranjit Singh. A.S.I. Resham Singh prepared visual site plan Ex.P.C. at the sport. Sample was sent to the Chemical Examiner, Patiala who found its contents as. 'illicit liquor. After investigation, accused was challenged under Section 61(l)(a) of the Punjab Excise Act.

(3.) AT the conclusion of the trial, accused was convicted and sentenced by Chief Judicial Magistrate, Bathinda as indicated above vide order dated 8.12.1993. His appeal to the Court of Session also failed.