SHEELA ALIAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Revision Petition 1981 of 2002, filed by Sheela alias Sushil, and Criminal Revision Petition No. 2226 of 2002, filed by Karan Singh and Oma, against the judgment 13.09.2002, rendered by the Court of Additional Sessions Judge-II, Jind, vide which it dismissed the appeal against the judgment of conviction and the order of sentence dated 03.05.2001, rendered by the Court of Sub Divisional Judicial Magistrate, Safidon (Jind), convicting the accused (now revision-petitioners), for the offence punishable under Section 61(1)(c) of the Punjab Excise Act (hereinafter called as 'the Act' only) and awarding them sentence to undergo rigorous imprisonment for a period of one year each, and to pay a fine of Rs. 5000/- each, which was paid.

(2.) THE facts, in brief, are that on 25.12.1996, Rohtash Singh, Assistant Sub Inspector, of Police Station Safidon, alongwith other Police officials, was present, at the Bus Stand of village Singhana, in connection with patrol duty, when a secret information was received, that Karan Singh son of Zila, Oma son of Maman and Sushil @ Sheela son of Satpal, residents of village Singhana were distilling illicit liquor by means of working still and, if a raid was conducted, they could be apprehended/red handed. On receipt of this information, ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. A raiding party was constituted, which was headed by Rohtash Singh, Assistant Sub Inspector. The said raiding party reached the aforesaid place. Karan Singh, accused was feeding fire, in the hearth (chulha ), Sushil, accused was changing water in the cooler (degacha) and Oma, accused was putting the plastic pipe in the rubber tube. The working still was in operation. About 40 bottles of illicit liquor had been distilled, which had been put in a rubber tube. The working still was dismantled and cooled down. The components of the working still alongwith a drum, containing 110 Kgs. of lahan partially distilled and fit for further distillation,the sample, which was taken from the illicit liquor, filled in the tube and the tube, containing the remaining illicit liquor, were converted into separate parcels, duly sealed and taken into possession, vide recovery memo. The accused were arrested. The statements of the witnesses were recorded. After the completion of investigation, they were challaned.

(3.) THE prosecution, in support of its case, examined Bir Bhan, Head Constable, (PW-1), Rohtash Singh, Assistant Sub Inspector,(PW-2), Ramesh Kumar, Constable, (PW-3), Atma Nand, Excise Inspector,(PW-4) and Sumer Singh, Constable, (PW-5). Thereafter, the Assistant Public Prosecutor for the State closed the prosecution evidence.