JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the judgement, dated 06.09.02, rendered by the Court of Additional Sessions Judge, Ferozepur, vide which, it dismissed the appeal, against the judgement of conviction and order of sentence, dated 05.08.2000. rendered by the Court of Judicial Magistrate 1st Class, Fazilka, convicting the accused (now revision-petitioner), for the offence, punishable under Section 61(1)(c) of the Punjab Excise Act, 1914 (amended upto date - hereinafter to be called as the 'Act' only), and awarding him sentence, to undergo rigorous imprisonment, for a period of one year, and to pay a fine of Rs. 5000/-. In default of the payment of fine to undergo rigorous imprisonment for a period of one month.

(2.) ON 12.06.96, Salwinder Singh, Head Constable, alongwith other Police Officials, on receipt of a secret information, against the accused, conducted raid, and he was found distilling illicit liquor by means of a working still, in the seepage drain (sem nallah), in the area of village Kathgarh. The working still was cooled down and dismantled. The components of the working still, a drum containing 80 kgs of illicit liquor, 9 bottles of illicit liquor quarter sample of 180 ml, and other articles were taken into possession. The accused was arrested. After the completion of investigation, he was challaned.

(3.) THE prosecution, in support of its case, examined Vinod Kumar, Head Constable (PW1), Harnek Singh, Constable (PW2), Gurjit Singh, Excise Inspector (PW3), Jagir Singh, LC (PW4), a witness to the recovery, and Salwinder Singh, the Investigating Officer (PW5). Thereafter, the Additional Public Prosecutor, for the State, closed the prosecution evidence.